Agenda 01/05/2000 S COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Wednesday, January 5, 2000
5:05 p.m.
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER
PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR
PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL,
BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO,
ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK
TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA
MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY
ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL
BE HEARD UNDER "PUBLIC PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A
RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS
PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRWOMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN
ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO
YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER
COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI
TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE
HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE.
1. PLEDGE OF ALLEGIANCE
e
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES
THE COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY
PROVIDING FOR: SECTION ONE, RECITALS: SECTION TWO, FINDINGS
OF FACT: SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND
DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE
FOLLOWING: ARTICLE 2, ZONING, DIVISION 2.1. GENERAL; DIVISION
2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES,
DIMENSIONAL STANDARDS, DIVISION 2.3. OFF-STREET PARKING AND
1
December 15, 1999
LOADING; DMSION 2.4. LANDSCAPING AND BUFFERING; DIVISION 2.5.
SIGNS; DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS;
ARTICLE 3, DIVISION 3.2. SUBDIVISIONS; DIVISION 3.4. EXPLOSIVES;
DIVISION 3.9. VEGETATION REMOVAL, PROTECTION AND
PRESERVATION; ARTICLE 6, DIVISION 6.3. DEFINITIONS, INCLUDING,
BUT NOT LIMITED TO THE DEFINITIONS OF MONUMENT SIGN, BEACON
LIGHT, ROADSIDE SALES AND RIPARIAN LINE; APPENDIX B, TYPICAL
ROAD CROSS-SECTIONS; SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY
LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE
3. ADJOURN
2
December 15, 1999
EXECUTIVE SUMMARY
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA BY PROVIDING FOR: SECTION ONE, RECITALS;
SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS
TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE
FOLLOWING: ARTICLE 2, ZONING, DIVISION 2.1. GENERAL; DIVISION 2.2. ZONING
DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS,
DIVISION 2.3. OFF-STREET PARKING AND LOADING; DIVISION 2.4. LANDSCAPING
AND BUFFERING; DMSION 2.5. SIGNS; DIVISION 2.6. SUPPLEMENTAL DISTRICT
REGULATIONS; ARTICLE 3, DIVISION 3.2. SUBDIVISION; DIVISION 3.4. EXPLOSIVES;
DIVISION 3.9. VEGETATION REMOVAL PROTECTION AND PRESERVATION;
ARTICLE 6, DMSION 6.3. DEFINITIONS, INCLUDING, BUT NOT LIMITED TO THE
DEFINITIONS OF SIGN MONUMENT, BEACON LIGHT, ROADSIDE SALES AND
RIPARIAN LINE; APPENDIX B, TYPICAL ROAD CROSS-SECTIONS; SECTION FOUR,
CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSIVE IN THE LAND
DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE.
OBJECTIVE:
To amend provisions of the Collier County Land Development Code.
CONSIDERATIONS:
This is the second of two public hearings required by Statute for amending the Collier County Land
Development Code. Each of the amendments was presented to, and reviewed by, the Department
Services Advisory Committee, Collier County Planning Commission, the Environmental Policy and
Technical Advisory Board and the Environmental Advisory Council where applicable. Where an
advisory body recommended revisions to the staff recommended LDC change, these recommendations
are included in the summary description of the LDC amendment. The Planning Commission held
public hearings on November 17, 1999 and December 1, 1999.
A summary of the review of these amendments by the Development Services Advisory Committee,
Environmental Advisory Council and the Collier County Planning Commission is provided with this
Executive Summary.
During the first public hearing, the Board discussed at some length revisions to Division 2.5 signs.
The Board agreed in principal with the changes recommended by staff. The major issues were the
elimination of ground pole signs in favor of monument signs, reduction to the size of directory and
Wall signs and the establishment of a two phased amortization provision dealing with non conforming
signs. AOEND~III:M
JAN 0 5 2000
FISCAL IMPACT:
None.
GROWTH MANAGEMENT IMPACT:
All proposed amendments to the Land Development Code are consistent with Policies, Objectives and
Elements of the GMP.
STAFF RECOMMENDATION:
That the Board of County Commissioners approve amendments to the Land Development Code except
as otherwise modified at this final public hearing all of which are described in the draft Ordinance of
Adoption included with this executive summary.
RONJ~LD F. NINO, AICP
CURRENT PLANNING MANAGER
DATE
REVIEWED BY:
R~)~RE, AICP
PLANNING SERVICES DEPARTMENT DIRECTOR
VINCENT A. CAUTERO, AICP, ADMINISTRATOR
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
DATE
DATE
G/mis/EX SUMMARY/LDC/RN/im/ts
A ~DA ITEM
JAN ~.~ 2000
Land Development Code Amendments
LDC DSAC EAC CCPC
SECTION PROPOSED AMENDMENT RECOMMENDATION RECOMMENDATION RECOMMENDATION
Sec. 2.1.15 Roadside Sales prohibited and Provision Approved per staff Approved per staff
for Shopping Carts
Sec. 2.2.12.4.3, To amend setback provisions for all Approved per staff Approved per staff
2.2.13.4.3, commercial zoning districts for the
2.2.14.4.3, purpose of establishing a relationship of
2.2.15.4.3, setback to the height of the building,
2.2.15 tA.4.3 specifically as follows:
Front Yard: 25 feet or one-half of the
building height as measured from each
exterior or wall, whichever is greater.
Rear Yard: 15 feet or one-half of the
building height as measured from each
exterior wall, whichever is greater.
Sec. 2.2.14.1 Delete SIC 5999 Auction rooms Approved per staff Approved per staff
("C-3 District)
Sec. 2.2.16 To reinforce the prohibition of automobile Approved per staff Approved per staff
(I - Industrial sales lots by emphasizing auto repairs in
District) the Industrial District
Sec. 2.2.16.2.1 To acknowledge Outdoor Storage Yards Approved per staff Approved per staff
(Industrial and Real Estate Brokers and Travel
District) Agencies as permitted use
Sec. 2.2.28 Amend the Immokalee Overlay District to Approved per staff Approved per staff
(Irnmokalee include a newly created subdistrict to be
Overlay known as the Main Street Overlay
District) subdistrict.
Sec. 2.3.4, To aggregate Off-Site Parking, Shared Approved with Approved per staff
2.3.5, 2.3.14 Parking, and Parking Reservations Into a modification made
(Parking Parking Exemption Petition therefore
Section) eliminating the difficulties inherent in
dealing with them as individual types of
exemptions
Sec. 2.3.16 Revise stacking (queuying) requirements Approved per staff Approved per staff
for banks and financial institutions
Sec. 2.3.16.1 To eliminate provisions for bicycle spaces Approved per staff Approved per staff
in Industrial zoning districts
Sec. 2.4.4.11 & Revisions to list of prohibited species Approved per staff Approved per staff
Sec. 2.4~4.12
Sec. 2.4.7.4 Eliminate requirement for internal lot line Approved per staff Approved per staff Approved per staff
landscape buffer in unified plan of
development with cross access agreements
and shared parking
AGENDA ITEM
2000
Sec. 2.5 Revising Sign Regulations principally Approved with By a 4 to 3 vote the CCPC
affecting ground pole signs and providing modifications made recommended that these
for amortising those ground pole signs that Approved items are as amendments not be
will be made non-conforming as a result follows: Ail forwarded.
of the adoption of these provisions housekeeping type
amendments,
Amortization plan for
non-conforming signs,
Prohibition of exposed
neon. The following
items were not approved:
Reducing the size of wall
signs and replacement of
pole signs with smaller
and more architecturally
finished monument signs.
Sec. 2.6.2.4 Allowance for tent canopies in residential Approved per staff Approved per staff
dislyicts in side and rear yard
Sec. 2.6.4.1.10 Amend exception to required yards to Approved per staff Approved per staff
(Supplemental allow carports to encroach into required
Reg.) yards in Commercial, Industrial and Multi-
family districts.
Sec. 2.6.4.3 To' allow adminisa'ative variance for minor Approved per staff Approved per staff
(Supplemental improvements to legal non-conforming
Regs) structures due to code changes to front
yards. (Note) Now applies to side and
real')
Sec. 2.6.21
(Dock To standardize terminology relating to Approved per staff Approved per staff
Facilities) waterways and clarify waterway width and
reduce appeal period from 30 to 14 days
and address riparian lines
Sec. 2.6.33 Revisions to model homes/model sales Approved per staff Approved per staff
(Temporary center to prohibit the issuance of permits
Uses) for dwelling units in multi-family
structures prior to SDP approval and plat
recordation.
AGENDA ITEM
No.. ,~
Sec. 2.6.35 Amend Section 2.6.35 of the LDC to: Approved per staff Approved per staff
(Towers) provide on time height bonus to allow an
extension of tower's height to provide
additional sharing (collocation space) on
existing and non-conforming towers; to
make allowances for easier acquisition and
use of agricultural sites within the urban
designated area; to decrease the allowable
maximum height of towers in agricultural
areas by decreasing the maximum height
of towers permitted in agricultural areas
from 280 feet to 250 feet in height and
reducing the required acreage from 20
acres to 10 acres; to required lighting of
towers greater than 150 feet for the safety
of the Collier Mosquito Control District's
spraying operations; to provide additional
requirements for the submission of tower
site plans; to provide additional findings
for variance and conditional use
application findings of fact, and; to make
minor corrections to help update and
clarify text.
Sec. 3.2.4.11.5 To allow division of 5 acres G.G.E. Lots Approved per staff Approved per staff
(Subdivision into two and provide 20 foot easement to
Regulations) one.
Sec. To require professional engineer to supply Approved per staff Approved per staff
3.2.6.5.3(3) subdivision improvement s plans on
(Subdivision computer disk in auto CAD Software
Regulations) format.
Sec. 3.2.8.3.6 Amend regulations relative to clearing Approved per staff Approved per staff Approved per staff
Subdivision land for proposed and approved
regulations construction. Basically these amendments
will facilitate early clearing and filling
activities.
Sec. 3.4.7.1.4 Amendment to provide procedures and Approved per staff Approved per staff
(Explosives) method for notifying property owners
Sec. 3.4.7.4.3 Amendment to require blasting analysis by Approved per staff Approved per staff
and 3.4.7.4.4. seismologist within 7 working days
(Explosives)
Sec. 3.9.3 Effect of placing fill on improved property Approved per staff Approved per staff Approved per staff
Sec. 3.9.6.4 Vegetation Removal list and Prohibited Approved per staff Approved per staff Approved per staff
Vegetation
Sec. 3.9.6.8 Penalty for unauthorized removal of Approved per staff Approved per staff Approved per staff
vegetation
Division 6.3 Provide definition for Sign Monument Approved per staff Approved per staff
(Definitions) Beacon Light, Roadside Sales Prohibited
exotic vegetation, and Riparian lines
Appendix To readopt typical roadway sections Approved per staff Approved per staff
Typical resulting from amendments to Sec. 3.2.
Roadway kC~IDA
Section
LDC AMENDMENT SUMMARY CYCLE 2-1999/md/UPDATED 12/2/99
3 JAN 0 5 2000
ORIGIN: Community Development and Environmental Services Division
AUTHOR: Michelle Edwards Arnold. Code Entbrcement Director
DEPARTMENT: Code Enforcement
LDC PAGE: LDC2:9
LDC SECTION: 2.1.15
CHANGE: Modify. section pertaining to roadside sales and add a paragraph on shopping carts
collection and on-site storage.
REASON: Roadside Sales - The matter of roadside sales should be addressed in its own
paragraph. The way this section is currently written, it gives the impression that there is a
provision for roadside sales in the County. The temporary, use provision was intended for
outside displays in conjunction with special events, not roadside sales.
Shoooing Cart Re_~ulations - The storage of shopping carts are a repeated problem in certain
areas of the County. They are being removed from the center's property and placed on
unimproved property, or within the rights-of-way after use. Besides being an eyesore to the
community, they pose a potential haTard to personal property in the event of severe weather.
The owners of the carts do little to retrieve them when removed and do less to prevent them from
being removed from the site. With the proposed regulations, the shopping cart owner will be
made responsible for the collection and storage of the carts. Intern perhaps more effort will be
made. on the part of the cart owners, to keep the carts on site and prevent them from being
removed. ,
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
Sec. 2.1.15. Prohibited uses and structures
Any use or structure not specifically permitted in a zoning district as a permitted use.
conditional 'use or use allowed by reasonable implication shall be prohibited in such
zoning district. ...... r>~.4o:.,~.,,,. .,..~ shall be Froh:.b!ted :"... all zc, mng' ............... -~:~*~"* .... ~ ....
Roadside sales shall be prohibited in all zoning districts. No temporary use permit or
license can be obtained for any type of roadside sale.
Subject to exceptions in Ordinance No. 76-11. as amended, the storage, display, or sale of
any items, services, materials, or products, whether finished or unfinished, proc .-.q~qed ar
AGEI~A ITEM
JAN 0 5 2000
natural, within public rights-ol':way shall be prohibited. Notwithstanding anything in
Ordinance No. 76-11. as amended, or any other part of the Collier County Code. in
unincorporated Collier County no person shall be upon or go upon any public road. when
the road is open to vehicular traffic, for the purpose of displaying any advertising to. or
distributing any tangible thing or soliciting any business, contribution or any other
tangible thing from any occupant of any motorized vehicle that is being operated on the
public road. No person shall be within four feet of any edge or such road for the purpose
of distributing any tangible thing or soliciting any business, contribution or any tangible
thing from any occupant of any motorized vehicle being operated on the public road. As
used in this unpaved surfaces that are available and used for either travel o~: or in the road
parking or: motorized vehicle. "Road" includes all medians in all such interior areas, and
includes shoulders. All road. including road that are separated by one or more medians.
have only two exterior edges. "Road" includes streets, highways and other words that
describe such facilities and no differentiations are intended.
The storage, display, or sale of any items, services, materials, or products xvhether
finished or unfinished, processed or natural, other than form within, or as part of the
normal operation of a permanent structure authorized bv the Collier County Land
Development Code shall only be allowed in accordance with Section 2.6.33.
When the operating characteristics of a duty authorized business requires the utilization
of shoppin.~ carts bv customers provision shall be made for outside storage within corals
as iljustrated on a Site Development Plan, and said shoppin~ carts shall be collected at the
close of business each day and stored at the front of said establishment. It shall be the
responsibility of the merchant to collect any and all shopping carts that stray from the
premises upon which they are intended to be utilized, and a name-plate on a shopping cart
shall be prima-facia evidence of ownership.
2.1.15. LDC AMENDMENT/MEA/md
A~A HEM'
0 5 20O0
P~. 7 --
ORIGIN: Community Development & Environmental Services
AUTHOR: Ronald F. Nino. AICP. Planning Manager
DEPARTMENT: Planning Services
LDC PAGE: LCD 2.45.2.48.1.2.52.2.56.2.59
LDC SECTION: 2.2.12.4.3.2.2.13.4.3.2.2.14.4.3.2.2.15.4.3.2.2.15-1/2.4.3
CHANGE: To amend setback provisions tbr all commercial zoning districts tbr the purpose of
establishing a relationship of setback to the height of the building, specifically as follows:
Front Yard: 25 feet or one-half of the building, hei_oht as measured from each
exterior or wall. whichever is greater.
Rear Yard: 15 feet or one-half of the buildint, hei_v, ht as measured from each
Exterior wall. whichever is v. reater.
REASON: Particularly with respect to the C-4 district which allows a building height of 100
feet. this amendment ,,,,'ill have minimal impact on the C-1. C-2. C-3 and C-5 zoning districts
inasmuch as the current setback for the most pan (i.e. front) will always apply. This amendment
is generated to require a greater setback to reduce the potential intensity of use for commercial
areas. This amendment increases the rear yard requirement particularly in the C-3 and C4
zoning districts, otherwise the amendment will have minimal impact on the rear yard for C-1. C-
2 and C-5 zoning districts. This amendment will decrease the setback in the C-4 district for a
building 50 feet or higher, however, this is more than made up in the resulting rear yard
requirement.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
Amendment
(C- 1 ) Sections 2.2.12.4.3 Minimum yard requirements.
1. Front Yard - 25 feet or one-half of the building height as measured
from each exterior wall, whichever is greater
3. Rear Yard - 15 feet or one-half of the building height as measured
from each exterior wall, which ever is .~reater
ITEM
JAN 9 5 2000
pg. ff'
i C-2) Section 2.2.13.4.3 Minimum yard requirement.
1. Front Yard - 25 feet or one-half of the building height as measured
from each exterior wall. whichever is ~,reater
3. Rear Yard - 15 feet or one-half of the building height as measured
from each exterior wall. whichever is greater
(C-3) Section 2.2.14.4.3 Minimum yard requirement.
I. Front Yard - 25 feet or one-half of the building height as measured
from each exterior wall. whichever is greater
3. Rear Yard - 15 feet or one-half of the building heit, ht as measured
from each exterior xvall, whichever is greater
(C-4) Section 2.2.15.4.3 Minimum yard requirement.
1 Front Yard - 25 feet -~
.... ~,... cYer ~ feet or one-half of the building height as measured
from each exterior wall, whichever is greater
2. Rear Yard - 15 feet or one-half of the building height as measured
from each exterior wall. whichever is greater
(C-5) Section 2.2.15-1/2.4.3 Minimum yard requirements.
1. Front Yard - 25 feet or one-half of the building heieht as measured
from each exterior wall. whichever is greater
3. Rear Yard - 15 feet or one-half of the building height as measured
from each exterior wall, whichever is greater
2.2.12.4.3.2.2.13.4-etc LDC AMENDMENT/RFN/mk
JAN 0 5 2000
P~.. q
ORIGIN: Commtmity Development & Environmental Services
AUTHOR: Ross Gochenaur, Planner II
DEPARTMENT: Planmng Services
LDC PAGE: 2:49
LDC SECTION: 2.2.14 Commercial intermediate district (C-3)
CHANGE: Delete auction rooms (SIC 5999, auction rooms only) as a permitted use
REASON: Scrivener's error
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
Sec. 2.2.14.
2.2.14.2.1.
Commercial intermediate district (C-3).
Permitted uses.
Unless otherwise provided for in this section, all permitted uses of the C-2
commercial convenience district.
2. Apparel and accessory stores (groups 5611--5699).
3. Auto and home supply stores (5531).
Business services (groups 7311, 7313, 7322--7338, 7361--7379, 7384,
7389 except auctioneering service, field warehousing, bottle labeling,
packaging and labeling, salvaging of damaged merchandise, scrap steel
cutting and slitting).
o
Eating places (5812 only). All establishments engaged in the retail sale of
alcoholic beverages for on-premise consumption are subject to locational
requirements of section 2.6.10.
6. Food stores (groups 5411--5499).
General merchandise stores (groups 5311--5399).
JAN 0 5 2000
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
Group care facilities (category. I and II, except for homeless shelters); care
units, except for homeless shelters; nursing homes; assisted living
facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing
care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.;
all subject to section 2.6.26.
[Reserved.]
Home furniture, furnishing, and equipment stores (groups 5712--5736).
Libraries (8231).
Marinas (4493), subject to section 2.6.22.
Membership orgamzations (8611--8699).
Miscellaneous repair services (groups 7629--7631).
Miscellaneous retail (groups 5912--5963 except pawnshops and building
materials, 5992--5999 except auction rooms).
Museums and art galleries (8412).
Nondepository credit institutions (groups 6111--6163).
Paint, glass and wallpaper stores (5231).
Personal services (groups 721 l, 7212, 7215, 7216 nonindustrial dry
cleaning only, 7221--7251, 7291).
Public administration (groups 9111--9199, 9229, 9311, 9411--9451,
9511--9532, 9611--9661).
Retail nurseries, lawn and garden supply stores (5261).
Veterinary services (groups 0742, 0752 excluding outside kenneling).
Videotape rental (7841).
United States Postal Service (4311 except major distribution centers).
2
AGENDA ITEM
JAN 0 5 2000
25.
26.
Any use which was permissible under the pr/or GRC zoning district and
which was lawfully existing prior to the adoption of this code.
Any other general commercial use which is comparable in nature with the
foregoing uses including buildings for retail, service and office purposes
consistent with the permitted uses and purpose and intent statement of the
district.
2.2.14 LDC AMENDMENT~G/
3
AGENDA ITEM
JAN 0 5 2000
ORIGIN: Community Development & Environmental Services
AUTHOR: Ross Gochenaur. Planner II
DEPARTMENT: Planning Services
LDC PAGE: 2:60
LDC SECTION: 2.2.16.
CHANGE: Revise language of Section 2.2.16.1. Purpose and intent to clarify that retail
automobile sales is not a permitted use within the Industrial zoning district
REASON: Current language suggests that retail automobile sales is a permitted use within the
Industrial district when. in fact. the language in question was intended to indicate only
automotive repair as a permitted use
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None.
Sec. 2.2.16. Industrial district (I).
2.2.16.1. Purpose and intent. The purpose and intent of the industrial district (I) is to provide
lands for manufacturing, processing, storage and warehousing, wholesaling, and distribution.
Service and commercial activities that are related to support manufacturing, processing, storage
and warehousing, wholesaling, and distribution activities, as well as commercial uses relating to
automotive repair and heavy equipment sales and repair are also permissible in the I district. The
I district corresponds to and implements the industrial land use designation on the future land use
map of the Collier County growth management plan.
JAN 0 5 2000
ORIGIN: Communitv Development & Environmental Services
AUTHOR: Ross Gochenaur
DEPARTMENT: Planning Services
LDC PAGE: 2:59
LDC SECTION: 2.2.16.2.1 Industrial district (I)
CHANGE: Addition of permitted uses: outdoor storage yards, real estate brokers & appraisers.
and transportation services (travel agencies & bureaus)
REASON: An outdoor storage yard as a permitted use is implied by the language of section
2.2.16.5 Fence requirements, but not specifically stated. This amendment corrects that oversight.
Real estate brokers & appraisers, and transportation services (travel agencies & bureaus) have
been added as appropriate support services.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
2.2.16.2.1.
Permitted uses
Agricultural services (groups 0711, except that chemical treatment of soil
for crops, fertilizer application for crops and lime spreading for crops shall
be a minimum of 500 feet from a residential zoning district, 0721, except
that aerial dusting and spraying, disease control for crops, spraying crops,
dusting crops, and insect control for crops (with or without fertilizing)
shall be a minimum of 500 feet t¥om a residential zoning district, 0722-
0724. 0761, 0782, 0783).
Apparel and other finished products (groups 2311-2399).
3. Automotive repair, service, and parking (groups 7513-7549).
4. Building construction (groups 1521-1542).
o
Business services (groups 7312. 7313. 7319, 7334-7336, 7342-7389,
including auction rooms (5999), subject to parking and landscaping for
retail use).
Communications (groups 4812-4899 including communications towers up
to specified heights, subject to section 2.6.35).
Construction--special trade contractors (groups 1711-1799).
JAN 0 5 2000
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
Depository. and nondepository institutions (groups 6011-6163).
Eating places (5812).
Educational services (8243--8249).
Electronic and other electrical equipment (groups 3612-3699).
Engineering, accounting, research, management and related services
(groups 8711 --8748).
Fabricated metal products (groups 3411--3479, 3491-3499).
Food and kindred products (groups 2011--2099 except slaughtering
plants).
Furniture and fixtures (groups 2511--2599).
Heavy construction (groups 1611-- 1629).
Health services (8011 accessory, to industrial activities conducted on-site
only).
Industrial and commercial machinery and computer equipment
(3511--3599).
Leather and leather products (groups 3131-3199).
Local and suburban transit (groups 4111--4173).
Lumber and wood products (groups 2426. 243 I--2499).
Measuring, analyzing, and controlling instruments; photographic, medical
and optical goods; watches and clocks (groups 3812--3873).
Membership organizations (groups 8611,8631).
Miscellaneous manufacturing industries (groups 391 I--3999).
Miscellaneous repair services (groups 7622-7699) with no associated retail
sales.
Motor freight transportation and ~varehousing (groups 4212. 4213--4225.
4226 except oil and gas storage, and petroleum and chemical bulk
stations).
Outdoor storage yards pursuant to the requirements of Section 2
2
AGar,DA ITEM
5½.6. -
JAN 0 5 2000
2.2.16.2.1. LDC AMENDMENT/RG/md
28_.~.27. Paper and allied products (2621--2679).
29._24~. Personal services/groups 7211--7251. 7291).
30..2-9~. Physical fitness facilities (7991).
31.30. Printing, publishing and allied industries (groups 2711--2796).
32.31. Railroad transportation (4011. 4013).
33 ?:~2-_. Real estate brokers and appraisers (6531).
34.33.. Rubber and miscellaneous plastics products (groups 3021, 3052, 3053).
35.34. Stone, clay. glass, and concrete products (groups 3221. 3251, 3253,
3255--3273..~_75 3281).
36__:35. Textile mill products (groups 2211--2221. 2241--2259. 2273-2289, 2297.
2298).
37.3& Transportation equipment (groups 3714, 3716, 3731, 3732. 3751, 3761,
3764, 3769, 3792, 3799).
38.37. Transportation by air (groups 4512--4581 except airports and flying
fields).
~v~_;~,. Transportation services (groups ~4724-4783, 4789 except stockyards).
40.~o~. United States Postal Service (4311).
41.40. Welding repair (7692).
42.41. Wholesale trade--durable goods (groups 5012--5014, 5021--5049,
5063--5092, 5094--5099).
43 4:3_ Wholesale trade--nondurable goods (groups 5111--5159. 5181. 5182, 5191
except that wholesale distribution of chemicals, fertilizers, insecticides,
and pesticides shall be a minimum of 500 feet from a residential zoning
district (5192--5199).
44.43. Any other use which is comparable in nature with the foregoing uses and
is otherwise clearly consistent with the intent and purpose statement of the
district.
AGENDA ITEJ~''~''~'
JAN 0 5 2000
ORIGIN: Comprehensive Planning Section
AUTHOR: Michele R. Mosca. Planner II
DEPARTMENT: Planning Services
LDC PAGE: 2:114.42 (Map only), 2:114.43 (Map only), 2:114.52 (boundaries of
district shall be replaced with map)
LDC SECTION: 2.2.28.
CHANGE: )a'nend the Immokalee Overlay District, to include a new subdistrict to be
known as the Main Street Overlay Subdistrict; by providing flexible design and
development standards; by expanding the Central Business Overlay Subdistrict, by
applying regulation to all areas of the Main Street Overlay Subdistrict; and by amending
the S.R. 29 Overlay Subdistrict to exclude certain properties and place those same
properties within the Main Street Overlay Subdistrict.
REASON: To encourage development and redevelopment in the downtown
Immokalee Main Street Area. through the use of flexible design and development
standards.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
2.2.28.8
Main Street Overlay Subdistrict:
Main Street Overlay Subdistrict; special conditions for the properties
identified in the Immokalee Area Master Plan; referenced on Map 6; and
further identified bv the designation "MSOSD" on the applicable official
Collier County Zoning Atlas Maps.
JAN 0 5 2000
MAIN STREET OVERLAY SUBDISTRICT
Map 6
2.2.28.8.1
Purpose and intent: The purpose of this designation is to encourage
develor)ment and redevelopment bv enhancing and beautifying the
downtown Main Street area through flexible design and development
standards.
2.2.28.8.2
Applicability: Regulations apply to the Main Street Overlay Subdistrict as
identified on Map 6 and further identified by the designation "MSOSD"
on the applicable official Collier County Zoning Atlas Maps.
2.2.28.8.3
Permitted Uses: Except for hatched properties as shown on Map 6, uses
permitted within the underlying zoning districts and the following use may
be permitted on properties located within the Main Street Overlay
Subdistrict:
Hotel and Motels (group 7011).
, ..-,N 05 2000
2.2.28.8.4
2.2.28.8.5
Permitted uses: For hatched properties within the Main Street Overlay
Subdistrict. all permitted uses within the underlying zoning, districts, and
the tbllowim, uses are permitted as a rieht in this subdistfict:
All uses allowed in the Commercial Professional District
(C-I), of this code, except for group (7521).
Prohibited Uses: All uses prohibited within the underlying residential and
commercial zoning districts, and the following uses, shall be prohibited in
the Main Street Overlay Subdistrict:
Automobile Parking (group 7521) on all properties having frontage
on Main Street, North First Street, South First Street and North 9~
Street within the Main Street Overlay Subdistrict.
Automotive dealers (groups 5511, 5521. 5531 installation,
5551.5561.5571.5571.5599) on all properties having frontage on
Main Street. North First Street and South First Street within the
3
Main Street Overlay Subdistrict.
Gasoline Service Stations (group 5541) on all properties having
frontage on Main Street and gasoline service stations (group 5541
with services and repairs as described in section 2.6.28) is
prohibited on all properties having frontage on North First Street
and South First Street within the Main Street Overlay Subdistrict.
Primary uses such as convenience stores and grocery stores are
prohibited from servicing and repairing vehicles in conjunction
with the sale of gasoline, on all properties having frontage on
Main Street, North First Street and South First Street within the
Main Street Overlay Subdistrict.
Automotive repair, services, parking (groups 7514, 7515, 7521)
and carwashes (group 7542) on all properties havin~ frontage on
Main Street, North First Street and South First Street within the
Main Street Overlay Subdistrict.
Radio and Television Repair Shops (group 7622 automotive) is
prohibited on all properties having frontage on Main Street, North
First Street and South First Street within the Main Street Overlay
Subdistrict.
Outdoor Storage yards and outdoor storage prohibited within any
front, side or rear yard on all properties within the Main Street
Overlay Subdistrict.
Drive-thrus shall be prohibited on all properties having frontage
on Main Street, North First Street and South First Street within the
Main Street Overlay Subdistrict.
Warehousing (group 4225)
AGEI'-~A ITEM
JAN 0 5 2000
10.
Any other heaw commercial use which is comparable in nature
with the forgoing uses and is deemed inconsistent with the intent
of this subdistrict shall be prohibited.
2.2.28.8.6 Accessory uses:
Uses and structures that are accessory and incidental to the
permitted uses as a right in the underlying zoning districts and are
not otherwise prohibited by this subdistrict.
2.2.28.8.7 Conditional uses:
Uses permitted in the underlying zoning districts, and the
following uses. shall be permitted subiect to the standards and
procedures established in division 2.7.4:
A. Local and Suburban passenger transportation (groups 4131
4173) may be permitted on commercially zoned properties
within the Main Street Overlay Subdistrict.
2.2.28.8.8 Outdoor Display and Sale of Merchandise:
Outdoor Display and Sale of Merchandise. within the Front and
Side Yards on improved properties, are permitted subject to the
following provisions:
A_:. The outdoor display/sale of merchandise is limited to the
sale of comparable merchandise sold on the premises and
as indicated on the proprietor's occupational license.
The outdoor display/sale of merchandise is permitted on
improved commercially zoned properties and is subject to
the submission of a site development plan that
demonstrates that provisions will be made to adequately
address the following:
Vehicular and pedestrian traffic safety measures.
Sale/display of merchandise shall not be located in
the required parking areas.
Fire protection measures.
Limited hours of operation from dawn until dusk
Outdoor display and sale of merchandise within the sidewalk area only,
shall be permitted in conjunction with "Main Street" approved vendor
carts, provided the applicant submits a site development plan which
demonstrates that provisions will be made to adequately address the
following:
L_- Applicant has obtained all necessary State
md/or County licenses;
JAN 0 5 2000
2.2.28.8.9
2.2.28.8.9.1
2.2.28.8.9.2
2.2.28.8.10
2.2.28.8. I 1
2.2.28.8.12
Sale/display of merchandise shall not be located in the road riehts-of-wav;
Vendor Cans shall only be located on sidewalks that afford the applicant a
five tbot clearance for non-obstructed pedestrian traffic: and
Limited hours of operation from day, an until dusk
Dimensional Standards: Subiect to the provisions of this code. for each respective
zoning district, except as noted below:
Yard requirements.
Maximum yard requirements.
1_. Front Yard: 7 or 10 feet
2. Side Yard: 0 - 10 feet
Minimum yard requirements.
1. Rear Yard: 0 or 5 feet
2. Abutting Residential: 20 feet
Maximum height of structures.
1. All structures shall be no more than 35 feet in height, except hotel/motel
uses shall be no more than 50 feet in height.
Minimum off-street parking and off-street loading. As permitted by Section
2.2.28.7. Standards for parking within the Immokalee Central Business District
and as noted below:
1. Outdoor caf6 areas, shall be exempt from parking
calculations.
9.2. All properties within the Main Street Overlay Subdistrict, having frontage
on Main Street, First Street or Ninth Street are required, by this subdistrict
to locate all parking in the rear and/or side yards.
Signs:
I.
As required in division 2.5. and as noted below:
Projecting signs are allowed in addition to permitted signs provided such
signs do not exceed 6 square feet in size and are elevated to a minimum of
8 feet above pedestrian way.
Sandwich Boards are permitted, one per eating establishment, not to
exceed 6 sq-are feet in size and shall only be displayed during business
hours.
Commercial Design Guidelines: Subject to provisions of Division 2..8.,
Architectural and Site Design Standards for Commercial Buildings and Projects,
except as noted below:
Properties having frontage on Main
Street or First Street or Ninth Street
are required to locate its primary_ business entrance on that street.
fronting both Main Street and First Street or both Main Street an(
Street are required to locate its primary business entrance on Main
'arcels
AGENDA ITEI~
'eet.
I'~o._ ~
JAN 0 5 2000
2.2.28.8.13 '
o
o
Reflective or darklv tinted glass is prohibited on ground floor windows.
Properties with less than 50 feet of road frontage shall onlv require a
minimum of one roof cham, e.
Commercial projects 5.000 square feet in size or less shall ontv require a
minimum of two design features, as described within section 2.8.4.4.6 of
this code.
To encourage redevelopment within the Main Street Overlav Subdistrict,
for proposed redevelopment of existing projects that do not increase
impervious surface area and whose total building area is less than or equal
to 5.000 square feet in size, the applicant shall be exempt from Section
2.4.3.1. of the Landscaping and Buffering provision, requiring the seal of a
Landscape Architect and shall also be exempt from Division 2.8.
Architectural and Site Design Standards and Guidelines for Commercial
Buildings and Projects. requiring the seal of an Architect.
Projects greater than 5000 square feet in size shall be required to comply
with Division 2.8 of this code.
Landscaping and Buffering: Subject to provisions of Division 2.4. of this Code,
except as noted below:
To encourage redevelopment, the following landscape criteria shall apply
to all commercially zoned properties and those residential properties with
permitted commercial uses, except where otherwise prohibited by this
subdistrict:
a_. properties adjacent to residentially zoned lots/parcels shall provide
a minimum 10' wide landscape buffer 6' in height with trees
spaced no more than 25' on center;
b_. a minimum perimeter buffer of 5' wide with a single row hedge
with trees spaced no more than 30' on center shall be required for
all properties~
c_. a minimum 5' buffer with at least two trees on each parcel shall be
required adjacent to all rights-of-ways;
d.._:, lots/parcels that are unable to meet the above minimum landscape
e°
criteria, shall be required to provide landscape planters and/or
flower boxes for each such property, as recommended by the
County Landscape Architect or County Planning Director; and
projects ~reater than 5000 square feet in size shall be required to
comply with Division 2.8 of this code.
2.2.28. Main Street Overlay Subdistrict Immokalee/MM
AGE, IDA ITEM
JAN 0 5 2000
U
m
Z
pg. ~
ORIGIN: Planmng Services Department Staff
AUTHOR: Start Clu-zanowski. PE. Senior Engineer
Fred Reischl, Senior Planner
DEPARTMENT: Planning Services Department
LDC PAGE: LDC2:115 - LDC2:122.5
LDC SECTION: Sec. 2.3.4; Sec. 2.3.5; Sec. 2.3.14
CHANGE: This proposed change consolidates the Off-Site Parking, Shared Parking, and
Parking Reservation petitions into a Parking Exemption petition. It also proposes the elimination
of a "compact" parking space and standardizes the design requirements of a parking space. It
also removes the restriction on only 10% of the required parking being in the rear of a shopping
center.
REASON: The consolidation of the Off-Site Parking, Shared Parking, and Parking Reservation
petitions into a single petition simplifies the application process. It also gives the Planning
Commission and the Board of Zoning Appeals more criteria to consider for each parking
petition, which are usually based on unique circumstances.
Compact parking is often used to fit extra parking spaces onto a site. With more large vehicles
(SLTVs) on the road, compact spaces reduce the parking available to them.
Standardizing the written and graphic representations of a parking space will eliminate
confusion.
Limiting the parking behind a shopping center to 10% of the total, conflicts with portions of the
Architectural Design Guidelines (Sec. 2.8.3.1).
FISCAL & OPERATIONAL IMPACTS: The application fee for the existing petitions is
$425. Staff recommends that the fee for the consolidated petition remains the same.
RELATED CODES OR REGULATIONS: LDC Division 2.8
Sec. 2.3.3.
General applicability.
Wherever in any zoning district off-street facilities are provided for the parking or
display of any and all types of vehicles, boats or heavy construction equipment,
whether such vehicles, boats or equipment are self-propelled or not, and all land
upon which vehicles traverse the property as a function of the primary use
(including "drive-in" facilities) hereinafter referred to as "other vehicul ~fi~t-,~^ CrF.~
JAN 0 5 2000
such off-street facilities and land shall conform to the minimum requirements of
this code.
2.3.3.1.
Repair of existing building or use. Off-street parking and off-street loading
facilities shall be provided as set forth in this division. Conforming buildings and
uses existing as of the effective date of this code may be modermzeck altered, or
repaired without providing additional off-street parking or off-street loading
facilities, providing there is no increase in floor area or capacity, or change in use
which would require additional off-street parking.
2.3.3.2.
Enlargement of existing building or use. Where a conforming building or use
existed as of the effective date of this code and such building or use is enlarged in
floor area, volume, capacity, or space occupied, off-street parking and off-street
loading as specified in this code shall be provided for the additional floor area,
volume, capacity, or space so created or used.
2.3.3.3.
Change of existing use. \Vhere a use and building existed at the effective date of
this code and the use is changed after the effective date of this code and where this
code requires such later and changed use to have greater required off-street
parking, then additional off-street parking shall be provided for the later and
changed use as required under this code.
2.3.3.4.
Central business district. Unless otherwise provided, areas designated as the
central business district of a community shall not be required to meet the
requirements for off-street parking and loading herein. Such central business
districts may be designated on a map or such other documents and materials as are
necessary and adopted by the board of county commissioners upon
recommendation of the planning commission for the purpose of exempting such
area from off-street parking and loading regulations.
(Ord. No. 92-73, § 2)
Sec. 2.3.4. Off-street vehicular facilities: design standards.
Off-street parking facilities and other vehicular facilities, both required and
provided, shall:
2.3.4.1.
Identification. Be identified as to purpose and location when not clearly evident.
2.3.4.2.
Surfacing. Be surfaced with asphalt, bituminous, concrete or dustless material and
maintained in smooth, well-graded condition. Up to 70 percent of the parking
spaces for houses of worship and schools may be surfaced with grass or lawn.
Spaces that are not paved shall be compacted, stabilized, well drained and
surfaced with a durable grass cover. Driveways, handicapped spaces ~ [lll..a~ess
aisles shall be paved. When the development services director determin :s tha[~"[~
paving of some or all parking spaces for houses of worship and schools will~a~-c
JAN 0 5 2000
2
_.3.4.o.
2.3.4.4.
2.3.4.5.
2.3.4.6. '
2.3.4.7.
2.3.4.8.
2.3.4.9.
2.3.4.10.
2.3.4.11.
significant negative environmental impacts, the director may require that these
parking spaces not be paved. Upon approval of the development services director,
a suitable material (limerock excluded) xvith a suitable stabilized subgrade may be
substituted for the above materials. This section 2.3.4.2 shall not apply to single-
family dwellings.
Drainage and slope. Be drained and sloped so as not to cause any nuisance to
adjacent property or to public property or rights-of-way,, and sloped to meet the
provisions of the Americans with Disabilities Act.
Lighting. Be so lighted, if lighted, as to shield streets and all adjacent properties
from direct glare, excessive light, and hazardous interference with automotive and
pedestrian traffic. Li~ating shall conform to the applicable provisions of Division
2.8.
Access. Be arranged for convenient and safe access of pedestrians and vehicles.
Internal circulation. Be arranged so that no vehicle shall be forced onto any street
to gain access from one aisle to another aisle.
Striping or marking. Whenever the number of off-street parking spaces required
by this code is five or more, all parking spaces shall be striped or marked with
paint or other suitable pavement marking material.
Landscaping. Be constructed so that interior portions of off-street vehicular
facilities not utilized specifically as a parking space or maneuvering or other
vehicular use area shall not be paved but shall be landscaped in accordance with
this code, specifically division 2.4.
Dead-end aisles. Off-street parking areas shall be designed so as not to create
dead-end aisles except as may be permitted in accordance with provisions of the
Standard Building Code, or other applicable codes referenced within division
1.18. Aisles designed for one-way traffic flow shall have painted arrows not less
than four feet at each end of the aisle indicating the direction of travel.
Redesign. Whenever any part of an off-street parking area is redesigned, those
.pavement markings which no longer apply shall be completely obliterated.
Locational requirements.
3
AC~F-~'N~A I flE. M
JAN 0 § 000
All cf th: lots
TL~ I,-.+ ropog:d.4 c ..... b; ..... 4,,. ,k ...... ;,.-+ .......
land uscz tha:: *~'- ~^* ..... k;.k ,~,~ pnnz:pa! "*'"'""'"~ ;' '~'*~' ~'
4
JAN 0 5 2000
(1)
JAN 0 5 2000
I ......~. ....... = .- appraved under ~+;^" 2.2.4.!!.2
fallcv:ing ..... ;-; ....
~, ................ app!y:
JAN 0 5 2000
All required off-street parking facilities shall be located on the same lot
they serve, on a contiguous lot under the same ownership that is zoned for
use as a parking lot, or .shall be approved under the provisions of Section
2.3.4.11.2., below.
Exemptions to Locational Requirements
ao
Off-Site Parking on Non-contiguous Lots Under Same Ownership
The Planning Services Director may approve off-site
parking on lots under the same ownership that are separated
bv a roadway that is not desimaated an arterial or a collector
roadway of ~eater than two lanes in the Traffic Circulation
Element. A Site Development Plan shall be submitted to
the Director which indicates that:
At least 67% of the required parking is on the lot
with the principal structure. (The Planning Services
Director may waive this requirement if at least one
of the considerations in Section 2.3.4.11.2.C.2 are
met).
(2)
The off-site lots are zoned for use as a parking lot or
are zoned the same as the lot with the principal
structure, and the off-site parking will serve a water
dependent and/or water related use or will only be
for valet parking.
Off-Site Parking on Lots Under Different Ownership
The Plamng Services Director may approve off-site
parking on contiguous lots that are under different
ownership. A Site Development Plan shall be submitted to
the Director which includes:
A minimum ten-year lease agreement between the
property owners, stating that if and when the lease
expires, the property owner shall make other
provisions for required parking. The County
Attorney shall review this agreement for fo.rm.~and
· . ~ ~
legal sufficiency. The peut~oner shall record th,~ -'
JAN 0 5 2000
8
(2)
(3)
leaSe in the Official Records of Collier County
before approval of the Site Development Plan.
At least 67% of the required parking is on the lot with
the principal structure; or
The off-site lots are zoned for use aS a parking lot or
are zoned the same as the lot with the principal
structure, and the off-site parking will serve a water
dependent and/or water related use or will only be
for valet parking.
Parking Exemption
The Board of Zoning Appeals, after review and
recommendation bv the Planning Commission, may
approve a parking exemption for the followine
circumstances:
The permitted use and the proposed off-site parking
lot are separated by a roadway that is designated an
arterial or a collector roadway of greater than two
lanes in the Traffic Circulation Element..
The lot proposed for off-site parking is not zoned
commercial.
Shared parking, in which two or more permitted
uses utilize the same, or a portion of the same
required parking.
Parking reservation, in which the petitioner believes
that the number of required parking spaces is
excessive and wishes to reduce the number of
parking spaces required to be constructed, while
reserving the land area for future parking spaces if
determined necessary by the Planning Services
Director, or The Board of County Commissioners.
The Planning Commission and the Board of Zoning
Appeals shall consider the following criteria for a parking
exemption:
(1)
Whether the amount of off-site parking is required~,:,,,~,~ ~ ~ ~
by Section 2.3.16, or is in excess of require
nen.t~,~. ~:~ _
JAN 0 5 2000
o.., r
(2)
(3)
(4)
(!o)
(11)
(!2)
(13)
(14)
The distance of the farthest parking space from the
facility to be served.
If the lots are separated by a collector or arterial
roadway, the safety of pedestrians.
If the lot is not zoned commercial, it must meet the
locational criteria for commercial uses as identified
in the Future Land Use Element of the Growth
Management Plan.
Pedestrian and vehicular safety.
The character and quality of the nei,~hborhood and
the future development of surrounding properties.
Potential parking problems for neighboring
properties.
Whether the internal traffic flow is required to leave
the site to reach the proposed off-site parking.
Whether vehicular access shall be from or onto
residential streets.
Whether buffers adjacent to property zoned
residential are 15 feet in width and include a wall in
addition to required landscaping.
Whether the off-site parking will be used for valet
parking.
Whether the off-site parking will be used for
employee parking.
Whether there are more viable alternatives
available.
Where the proposed off-site parking will serve
water dependent and/or water related uses.
Each oO_ff-street parking spac~ must be dir-eo~ accessible from a street,
alley, or other public right-of-way and all off-street parking facilities..'muir
be so arranged that no motor vehicle shall have to back onto iany 'gh'~
i .., .,,l 0 5 2000
'10 ',
2.3.4.12.
2.3.4.12.1.
excluding single-family and two-family residential dwellings and churches
approved under section 2.3.16.
Dimensional standards.
Minimum aisle widths. Minimum aisle widths shall be as follows:
'~ Ac~.r~)A ITEM
~,~,_ __~__
JAN 8 5 20011
Angle of Aisle Width Aisle Width
Parking tOne-Way) (Two-Way)
Parallel 12 feet* 20 feet
30 degrees 12 feet* 22 feet
45 degrees 12 feet* 22 feet
60 de~ees 18 feet 24 feet
90 degrees 22 feet 24 feet
*Fire districts may require these to be increased to 14 feet where an acute turning radius is
present.
12
AGENDA ITEM
JAN 0 5 2000
pg. ~
TY1aI~ OFF-StREET
PARkiNG DESIGN
DI~SION
COLLI~lt COUNTY
SEIt~lCES DE:PAIL"I'~qT
ig S'AN g~. N.T.S.
EXI:IIBIT A
13
2000
2.3.4.12.2.
Minimum space size. Each parking space shall be a minimum of nine feet by 18
feet in size or 16 feet in depth measured from the isle width to the face of the
~vheetstop ..... , o ............. . ........................
See Exhibit "A" for typical off-street parking design. All "compact" parking;
spaces indicated on an approved Site Development Plan, and its subsequent
amendments, shall be counted as standard parking spaces.
2.2/!.12.3.
~- parkZng~v--~
2.3.4.12.43.
Secondary parking from alley access. For any nonresidential development which
abuts an alley, a maximum of ten parking spaces, not to exceed 30 percent of the
required parking for the proposed use, may be accessed solely from the alley. Said
parking spaces shall be clearly marked and arranged in such a manner so that each
parking space meets the minimum size required in section 2.3.4.12.2 of this code.
Additionally, these spaces shall be arranged in a manner which allows for full
compliance with any required landscaped buffer requirement. These spaces shall
be for the exclusive use of employees and service vehicles and shall be clearly
designated as such by appropriate signage.
(Ord. No. 92-73, § 2; Ord. No. 93-89, § 3; Ord. No. 94-58, § 3, 10-21-94; Ord. No. 96-21, § 3;
Ord. No. 96-35, § 2)
- -- [RESERVED]
Sec. 2.3.5. r~ee ... ....b; ....k~..a -~.,.;-~
14
JAN 0 5 2000
2.3.5.2.
2.3.5.2.2.
15
AGENDA ITEM
JAN 0 5 2000
2.2.5.5.2.
2.2.5.5.3.
2.2.5.6.5.
2.3.5.7. '
2.2.5.7.2.
............ v ....... = agrcc::'.¢n: ':.'o'.'!d b¢ ccnsis::a: v:ith ,k....v f_'t-'_-s
............... ~.. ......................................... ye-m-
JAN 0 5 2000
(Ord. No. 92-73, § 2; Ord. No. 96-21, § 3; Ord. No. 96-35. § 2)
Sec. 2.3.6. Off-street parking: uses not specifically mentioned.
Requirements for off-street parking for uses not specifically mentioned in this
division shall be the same as for the use most similar to the one sought, or as
otherwise determined by the planning services director pursuant to section 2.3.9
of this code it being the intent of this code to require all uses to provide off-street
parking, unless specific provision is made to the contrary.
(Ord. No. 92-73, § 2; Ord. No. 95-58, § 3, 11-1-95)
Sec. 2.3.7. Off-street parking: fractional measurements.
When units of measurements determining number of required off-street parking
spaces result in a requirement of a fractional space, then such fraction equal or
greater than one-half shall require a full off-street parking space.
Sec. 2.3.8. Off-street parking: measurement.
Where this code requires off-street parking based on various types of
measurements, the following rules shall apply:
2.3.8.1.
Floor area means, for the purposes of this division only, the gross floor area inside
the exterior walls, unless otherwise specifically indicated.
2.3.8.2.
In hospitals, bassinets do not count as beds.
2.3.8.3.
In stadiums, sports arenas, houses of worship, and other places of public assembly
where occupants utilize benches, pews, or other similar seating arrangements,
each 24 lineal inches of such seating facihties count as one seat.
2.3.8.4.
Where the parking requirements are based on number of employees or persons
employed or working in an establishment and the number of employees increases
after the building or structure is occupied, then the amount of off-street parking
provided must be increased in ratio to the increase of the number of employees.
(Ord. No. 92-73, § 2)
Sec. 2.3.9. Off-street parking: minimum requirement.
JAN 0 5 2000
Irrespective of any other requirement of this code, each and every separate
individual store, office, or other business shall be provided with at least one off-
street parking space, unless specific provision is made to the contrary..
The planning services director may determine the minimum parking requirements
for a use which is not specifically referenced below or for which an applicant has
provided evidence that a specific use is of such a unique nature that the applicable
minimum parking ratio listed in this code should not be applied. In making such a
determination the planning services director may require submission of parking
generation studies; evidence of parking ratios applied by other counties and
municipalities for the specific use; reserved parking pursuant to section 2.3.16;
and other conditions and safeguards deemed to be appropriate to protect the public
health, safety and welfare.
(Ord. No. 95-58, § 3, 11-t-95; Ord. No. 96-21, § 3)
Sec. 2.3.10.
Off-street parking: parking provided over and above the minimum parking
requirement.
Developers of commercial projects located within commercial zoning districts,
business park districts, or a commercial component of a PUD zoning district,
which require a minimum of 80 parking spaces, providing paved off-street surface
parking in excess of 120 percent of the requirements of this code shall request a
variance in accordance with section 2.7.5. The developer shall be required to
provide double the landscaping required in interior vehicular use areas, as
required by section 2.4.5.2 for those projects requesting such a variance.
(Ord. No. 95-58, § 3, 11-1-95; Ord. No. 96-66, § 3.C, 10-30-96)
Sec. 2.3.11. Off-street parking: parking lots exceeding 200 spaces.
Developers providing parking lots in excess of 200 parking spaces may surface
15 percent of the required off-street parking spaces in grass which shall be
compacted, stabilized, well drained and surfaced with a durable grass cover. Such
grass parking spaces shall be located along the outlying perimeter of the parking
lot. Driveways, handicapped spaces and access aisles shall be paved. All grassed
parking spaces shall be included in the water management calculations for site
development plan review.
(Ord. No. 95-58, § 3, 11-1-95)
Sec. 2.3.12. Off-street parking: encroachment prohibited.
Required off-street parking shall be located so that no automotive ve
parked shall have any portion of such vehicle overhanging or encr
~acn!ng on~,~
JAN 0 5 2000
public right-of-way or the property of another. If necessary., wheel stops or
barriers may be required in order to enforce this provision.
(Ord. No. 9_-/.~, § '>; Ord. No. 95-58, § 3, I 1-1-95)
Sec. 2.3.13. Off-street parking: not to be reduced or changed.
Required off-street parking according to the requirements of this code shall not be
reduced in area or changed to any other use unless the permitted or permissible
use that it serves is discontinued or modified, or equivalent required off-street
parking is provided meeting the requirements of this code.
{,Ord. No. 95-58, § 3, 11-1-95)
Sec. 2.3.14. Off s~:et p=-'.~ng: reze:-','atlzn. [RESERVED]
with c~do~ ~.3.5.
2.2.14.3.
2.3.!t.4.
2000
20
(Ord. No. 92-73, § 2; Ord. No. 95-58, § 3, 11-1-95)
2.3.4.2.3.5 & 2.3.14 LDC AMENDMENT/FR/md/9/I/99
23.
ORIGIN: Community Development & Environmental Services
AUTHOR: Ronald Nino
DEPARTMENT: Planning Services
LDC PAGE: LDC _. 1~4
LDC SECTION: 2.3.16
Revise required stacking (queuing) for drive in facilities at banks and financial
CHANGE:
institutions.
REASON: Visual inspection of operational characteristics show that the current stacking
requirement of 6 vehicles per drive thru facility is excessive particularly for those banks with
multiple drive thru facilities.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
Section 2.3.16.
Off-street parking and stacking: required amounts.
Bank or financial institution
1 per 250 square feet on the first floor and 1 per 300 square
feet on any other floors. Stacking for 6 4_ vehicles for each
drive-up window not to exceed a total requirement of g~ 15
vehicles=- exclusive of automated deposit lane which
requires no stackin,~.
2.3.16. LDC AMENDMENT/RFN/md
2000
ORIGIN: Current Planning Section
AUTHOR: Ross Gochenaur. Planner II
DEPARTMENTS: Planning Services
LDC PAGE: 2:132
LDC SECTION: 2.3.16.1
CHANGE: Delete reference to "non-residential" developments and substitute "commercial"
REASON: The original intent of this section was to provide bicycle parking for commercial
development rather than industrial, where such use would be virtually nonexistent. This change
would reflect that intent.
FISCAL & OPERATIONAL IMPACTS: Approval of this amendment would save industrial
businesss the expense of providing paved but unused and unnecessary bicycle parking spaces.
RELATED CODES OR REGULATIONS: The Collier County Comprehensive Pathways
Plan.
Amend the LDC as follows:
2.3.16.1.
Bicycle Parking for ~ Commercial Developments.
Provisions for the safe and secure parking of bicycles shall be furnished at
a ratio of five percent of requirements for motor vehicles per Sec. 2.2.16.
but not to exceed a maximum of 15 total bicycle parking spaces. A
minimum of two bicycle parking spaces shall be provided.
A bicycle parking facility suited to a single bicycle ("parking space") shall
be of a stand-alone inverted-U design measuring a minimum of 36 inches
high and 18 inches wide [of 1V2 inch Schedule 40 pipe per ASTM F 1083]
bent in one piece ("bike rack") mounted securely to the ground [by a 3/8
inch thick steel base plate per ASTM A 36] so as to secure the bicycle
frame and both wheels.
Each parking space shall have a minimum of three feet of clearance on all
sides of the bike rack.
Bicycle spaces shall be surfaced with the
approved for the motor vehicle parking lot. lighted and located
than 100 feet from the main building entrance.
same or similar materials
~no greater
AGF. I~A ITE~
JAN 0 5 2000
Extraordinary. bicycle parking designs which depart from the bike rack
standard but are in keeping with the development's design theme shall be
considered bv the County architect. Bike racks which function without
securing the bicycle frame, require the use of a bicycle kick stand, or
which may be freely reoriented are not allowable.
2.3.16.1 .. LDC AMENDMENT/RG/md
JAN 0 5 2000
ORIGIN: Staff
AUTHOR: Michelle Edwards Arnold. Code Enforcement Director
DEPARTMENT: Code Enforcement
LDC PAGE: LDC2:144 and 145
LDC SECTION: 2.4.4.12:3.9.6.4.1
CHANGE: Amend prohibited species to include ficus microcarpa and delete same from
prohibited exotic species.
REASON: The prohibited species plant ficus microcarpa should be listed under prohibited
species as opposed to prohibited exotic species.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS:
2.4.4.11.
2.4.4.11.1.
2.4.4.11.2.
2.4.4.11.3.
2.4.4.ll.4.
2.4.4.11.5.
2.4.4.11.6.
2.4.4.11.7.
2.4.4.11.8.
Prohibited species. The following plant species shall not be planted:
Enterolobium cyclocarpum (ear tree).
Melia azedarach (Chinaberry. tree).
Bischofia Javanica (bishopwood).
Scaevola frutescens (Australian inkberry).
Dalbergia sissoo (Indian roasewood).
Sapium sebiferum (Chinese tallow tree).
Ardisia elliptica (shoe button ardisia).
Ficus microcarpac (laurel fig)
This list shall be subject to revision as exotic plan species are determined to be
noxious, invasive, cause environmental degradation to native habitats, or to be
detrimental to human health, safety, or the public welfare.
4.4.12
2.4.4.12.1.
2.4.4.12.2.
2.4.4.12.3.
2.4.4.12.4.
2.4.4.12.5.
2.4.4.12.6.
2.4.4.12.7.
2.4.4.12.8.
2.4.4.12.9.
2.4.4.12.10.
2.4.4.12.11.
2.!.~.12.12.
Prohibited Exotic Species. In addition to the prohibitions outlined in section
2.4.4.11. the tbllowing species or seeds thereof shall not be grown, offered for
sale. or transported inter-county or intra-countv.
Metaleuca spp. (punk tree).
Schinus terebinthifolius (Brazilian pepper).
Any member of the family Casuarinaceae (Australian pine).
Rhodomyrtus tomentosa (downy rosemyrtle).
Dioscorea bulbifera (air potato)
Colubrina asiatica (lather leaf).
Lygodium spp. (climbing fern).
Syzygium cumini (Java plum).
Mimosa pigra (catclaw mimosa).
Acacia auriculiformis (earleaf acacia).
Albizia lebbeck (Women's tongue).
2.4.4.1 1. & 2.4.4.12. LDC AMENDMENT/MEA/md
2
! 2ooo
ORIGIN: Commumty Development & Environmental Services
AUTHOR: Ron Nino
DEPARTMENT: Planning Services
LDC PAGE: 2:152.2 and 2:152.3
LDC SECTION: 2.4.7.4.
CHANGE: Eliminate requirement for an internal landscape buffer between commercial
subdivision tracts when part of a unified plan of development with cross access easements and
shared parking.
REASON: To allow joint access and parking between tracts within a commercial subdivision or
between out parcels and the parent tract.
FISCAL'& OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
Amend Subsection 2.4.7.4 as follows:
The letter listed under "Adjacent Properties District" shall be the landscape buffer and
screening alternative required. The "-" symbol shall represent that no buffer is required.
The PUD district buffer, due to a variety of differing land uses, is indicated by the "*"
symbol, and shall be based on the landscape buffer and screening of the district or use
with the most similar types, densities and intensities of use. Where a conflict exists
between the buffering requirements and the yard requirements of this code, the yard
requirements of the subject zoning district shall apply.
1Buffering in agriculture (A) districts shall be applicable at the time of site
development plan (SDP) submittal.
2Industrial (I) zoned property, where abutting industrial (I) zoned property, shall
be required to install a minimum five-foot-wide type A landscape buffer adjacent
to the side and rear property lines. This area shall not be used for water
management. In addition, trees may be reduced to 50 feet on center along rear and
side perimeter buffers only. This reduction in buffer width shall not apply~t_o
buffers adjacent to vehicular rights-of-way or nonindustrial zoned prop~ t.
0 5 2 00
3Buffer areas between commercial outparcels located within a shopping center
may have 1~ a shared buffer 10' wide. This does not apply to right-of-way buffers.
Buffer areas bel~vcen interior lot lines of commercial parcels may be dim. laced to
other locations i~ schematically shown in Fi_mtre 3. Dim. laced Commercial
Interior Lot Line Land~;aping. Approval shall be obtained from the Plannin~
Services Director subject to th~ follqwing conditions:
The project is part of a unified plan of development as iljustrated by a
Master Site Development Plan which includes all of the individual
building parcels which comprise the unified plan of development: and
An a?eement between all owners of the separate parcels is recorded to the
effect that there is a system of cross access easements and that the entire
parking lot functions as a common parking lot: and
(iii)
All of the buildings share a common architectural and landscape theme:
and
(iv)
The land area normally associated with landscaping that will be displaced
as a result of the elimination of some interior lot line landscaping will be
proportionately a(t(l¢~l to other required interior vehicular use area
landscaping, building perimeter plantings or perimeter buffering.
2.4.7.4 - NS
2
2000
ORIGIN: Community Development & Environmental Services
AUTHOR: Chahram Badamtchian, Ph.D., AICP
DEPARTMENT: Planning Services
LDC PAGE: LDC2:152.4-LDC2:173
LDC DIVISION: 2.5.
CHANGE:
Replacing pole and ground signs with monument sign, changing some
dimensional requirements in connection with monument sign, providing an
amortization period for all non-conforming signs, some minor revisions to
make the Code more comprehensible and user-friendly.
REASON:
Replacing pole and ground signs with monument signs is a natural extension
of our architectural design guidelines adopted two years ago. Monument signs
have more architectural elements and are more aesthetically pleasing than
pole signs. This proposed amendment will require the monument sign to have
some minimum design standards. This amendment also provides for a five
year amortization program for all non-conforming signs. This action will
require all non-conforming signs to be redesigned and made to comply with
the design and dimensional requirements of the Code, which will make all
signs throughout the County more aesthetically pleasing.
FISCAL & OPERATIONAL IMPACTS: Replacement of non-conforming or illegal
signs xvill have a fiscal impact on property and business owners. In the case of legal non-
conforming signs, this impact is mitigated by the proposed amortization period. Attached
is a detailed "Sign Enforcement Plan", which addresses the operational impacts on the
Community Development & Environmental Services Division in detail.
RELATED CODES OR REGULATIONS: Definition section of the Code.
Amend Section 2.5. as follows:
DIVISION 2.5. SIGNS
Sec. 2.5.1. Title and citation.
This division shall be known and may be cited as the "Collier County Sign Code."
2000
Sec. 2.5.2. Applicability.
This division shall apply to and be enforced in all unincorporated areas of Collier County,
'Florida.
Sec. 2.5.3. General finding.
Increased numbers and sizes of signs, as well as certain types of lighting distract the
attention of motorists and pedestrians, and interfere with traffic safety. The indiscriminate
erection of signs degrades the aesthetic attractiveness of the natural and manmade
attributes of the community and thereby undermines the economic value of tourism,
visitation and permanent economic growth.
Sec. 2.5.4. Purpose and intent.
It is the intent and purpose of this sign code, and it shall be interpreted, to implement the
goals, policies and objectives of the growth management plan, and to promote the health,
safety,, convenience, aesthetics, and general welfare of the community by controlling signs
which are intended to communicate to the public and to authorize the use of signs which
are:
2.5.4.1.
Compatible with their surroundings.
2.5.4.2.
Designed, constructed, installed and maintained in a manner which does not
endanger public safety or unduly distract motorists.
2.5.4.3.
Appropriate to the type of activity to which they pertain.
2.5.4.4.
Are large enough to convey sufficient information about the owner or
occupants of a particular property, the products or services available on the
property, or the activities conducted on the property and small enough to
satisfy the needs for regulation.
2.5.4.5.
Reflective of the identity and creativity of the individual occupants.
Sec. 2.5.5. Permitted signs.
2.5.5.1.
Signs within residential zoned districts and as applicable to residential
designated portions of PUD zoned properties.
2.5.5.1.1. Development standards.
Maximum allowable height. All signs within residential zoned districts and
as applicable to residential designated portions of PUD zoned properties are
limited to a maximum height of eight feet. or as provided within this Code.
2
.lAN 0 5 2000
2.5.5.1.2.
o
Height shall be measured from the lowest centerline grade of the nearest
public or private R.O.W. or easement to the uppermost portion of the sign
structure.
Minimum setback. All signs within residential zoned districts and as
applicable to residential designated portions of PLrD zoned properties shall
not be located closer than 15 10 feet from the property line, unless
otherwise noted below or as provided for in section 2.1.13.
Real estate signs. The following signs classified as real estate signs shall be
permitted in residential districts subject to the following:
One ground sign with a maximum height of 6 feet or wall "For Sale," For
Rent," or similar sign, with a maximum of four square feet in size, per street
frontage for each parcel, or lot less than one acre in size. Said sign shall be
located no closer than ten feet from any adjacent residentially used property
and may be placed up to the property line abutting a right-of-way, provided
it is a minimum often feet from the edge of pavement. (No building permit
required.)
One ground sign with a maximum height of 8 feet or wall "For Sale," "For
Rent," or similar sign, with a maximum of 12 square feet in size, per street
frontage for each parcel, or lot one to ten acres in size. (No building permit
required.)
One po~ gr.o.m~ sign with a maximum height of-14 10 feet or wall "For
Sale," "For Rent," or similar sign, with a maximum of 64 square feet in size,
per street frontage for each parcel or lot in excess ten acres in size.
Real estate signs shall not be located closer than 4-5 10 feet from any
property line. In the case of undeveloped parcels where the existing
vegetation may not allow the location of the sign -1-5 10 feet from the
property line, the planning services director may allow a reduction in the
amount of the required setback however, in no case shall said sign be
located closer than five feet from any property line unless authorized by the
board of zoning appeals through the variance process.
Real estate signs shall be removed when an applicable temporary use permit
has expired, or within seven days of any of the following conditions:
ownership has changed; the property is no longer for sale; rent or lease; or,
the model home is no longer being used as a model home.
A sign advertising that a property has been sold or leased shall not be
displayed for more than 30 14 days after it is erected.
2.5.5.1.3.
Model home signs. One on-premises sign for model homes, approved in
conjunction with a temporary use permit in any zoning district not to exceed
32 square feet. Model home sign copy shall be limited to the model name,
builder's name, name and address, phone number, price, logo, and model
home. Model home signs shall not be illuminated in any manner (No
building permit required.)
2.5.5.1.4.
Construction signs. All supports for such signs shall be securely built,
constructed, and erected and shall be located on the site under construction,
subject to the following:
One ground si_m~ with a maximum height of 6 feet or wall sign, with a
maximum of four square feet in size, may be used as a construction sign,
The copy on the construction si_ma shall be limited to the name and phone
number of the developer, architect, planning and en_~ineering firm. financial
institution, contractor and/or subcontractors involved with the project IW-the
general ~"~" ...... c,~,~ ~ .... ~ .... · ........ ;+ ~'~"'~ within each
front yard for each parcel less than one acre in size. (No building permit
required.)
One ground sign with a maximum height of 8 feet or wall sign, with a
maximum of 12 square feet in size, may be used as a construction sign. The
copy on the construction sign shall be limited to the name and phone
laumber of the developer, architect, planning and en_c, ineering firm. financial
institution, contractor and/or subcontractors involved with the project by-the
..... ~ ~""*-~*^" ^*'+*'~ '~ .... ~ .... * .... a ~;+ ~'~"-'~ within each
front yard for eaCh parcel one to ten acre in size. (No building permit
required.)
One pole ~ sign with a maximum height of 15 10 feet or wall sign,
with a maximum of 64 square feet in size, may be used as a construction
sign. The copy on the constmction sign shah be limited to the name and
phone number of the developer, architect, planning and en_~qneering firm.
financial institution, contractor and/or subcontractors involved with the
oj t 5y g a! p '
r ec +~'~...~ ener ................... ~. .............. ,
within each front yard for each parcel in excess of ten acre in size.
2.5.5.1.5.
Residential directional or identification signs. Directional or identification
signs no greater than four square feet in size, and located internal to the
subdivision or development may be allowed subject to the approval of the
4
JAN D 5 2000
2.5.5.1.6.
2.5.5.1.7.
1.
2.5.5.2.
2.5.5.2.1.
planning services director, or his designee. Such signs shall only be used to
identify the location or direction of approved uses such as models or model
sales centers, club house, recreational areas, etc. These signs may be
cjustered together to constitute a sign with a maximum area of 24 square
feet and a maximum height of eight feet. Such cjustered signs shall require
a building permit. For signage to be located alone the Golden Gate Parkway
see division 2.2, section 2.2.21.1 and 2.2.21.6.2.
On-premises signs within residential districts. Two ground si_mas with a
maximum height of 8 feet or wall residential entrance or gate signs may be
located at each entrance to a multi-family, single-family, mobile home or
recreational vehicle park subject to the following requirements:
Such signs shall contain only the name of the subdivision, the insignia or
motto of the development and shall not contain promotional or sales
material. Said signs shall maintain a 10 4-5-foot setback from any property
line unless placed on a fence or wall subject to the restriction set forth in
section 2.6.11.
The ground or wall signs shall not exceed a combined area of 64 square
feet, and shall not exceed the height or length of the wall or gate upon
which it is located.
Conditional uses within the residential and agricultural districts.
Conditional uses within the residential district are permitted one wall sign
with a maximum of 32 square feet. Comer lots are permitted two such wall
signs.
Conditional uses within the agricultural district in the urban area, residential
and estates districts with a street frontage of 150 feet or more and a land
area of 43,560 square feet or larger are permitted a ground sign with a
maximum height of 8 feet with a maximum area of 32 square feet.
Bulletin boards and identification signs for public, charitable, educational or
religious institutions located on the premises of said institutions and not
exceeding 12 square feet in size. (No building permit required.)
The Board of County Commissioners may approve additional signage as
may be deemed appropriate during the conditional use approval process.
Signs within non-residential districts:
Desi_ma criteria and Unified sign plan. Where multiple on-premise signs are
proposed for a single site or project, or in the case of a shopping center or
5
multi-use building, a unified signage plan shall be employed. An
application for site development or site improvement plan approval shall be
accompanied by a graphic and narrative representation of the unified
signage plan to be utilized on the site. The unified si_ma plan must be applied
for bv the property_ owner or his or her authorized agent. The unified sign
plan may be amended and resubmitted for approval to reflect style changes
or changing tenant needs. Design elements which shall be addressed in both
graphic and narrative form include:
(a) colors;
(b) construction materials and method;
(c) architectural design;
(d) illumination method;
_ (e) copy style;
(f) sign type(s) and location(s); and,
(g)
No wall sign shall exceed 80 percent of the width of the unit(s)
or the building occupied by a business with a minimum often percent
clear area on each outer edge of the unit(s)or the building:
(4-)(h)
All wall signs for multi-use buildings shall be located at a consistent
location on the building facade, except that anchor tenants may vary from
this locational requirement in scale with the anchor's larger primary facade
dimensions. All signs shall adhere to the dimensions provided for in the
unified signage plan; and
Monument si_mas shall contain an architecturally finished base of not less
than 24 inches in height and an architecturally finished cap no less than 6
inches in height. The street address number or a range of numbers shall be
included on the face of the sign. The height of those numbers shall be no
less than six (6) inches. The remainder of the si_ma must contain architectural
6
AGENDA ITEM
No. ~ --
JAH 0 5 2000
~ including colors and/or materials common to those used in
the design of the building the sign is accessory to. A minimum 100 square
foot planting area shall be provided around the base of any monument sign,
consistent with the provisions of division 2.5. of this Code (-s~qth~,-at4e~
Iljustration 16
O)
(k)
(1)
The heist of the monument si_ma may not exceed 3 times the width or vice-
versa.
The si_ma shall not be in the shape of a logo and the logo shall not protrude
from the sign.
Monument signs, other than directory_ si_mas and si_mas for ou .tparcels. shall
have a maximum overall area of 150 square feet. The overall area of a si_ma
shall be measured by drawing an imaginary rectangle from the _m'ound to
the top of the si_ma structure. The area of this imaginary rectangle shall be
considered the overall area of the si_ma.
The use of primary colors and all shades of yellow shall be limited to 20
percent of the sign's back_mound area. The use of fluorescent colors is
prohibited. This restriction shall not ap_ply to temporary_ real estate and
construction si_mas.
7
AGENDA ITEIVl
JAN 0 5 2000
2.5.5.2.1.1.
Outparcels. In addition to the above requirements, um-fied-signl~fla~m-for
outparcels, regardless of the size of the outparcel, shall be limited to the
following:
(a)
A wall sign r ...... r.,,.~.~ ~.~; .... * *~ a pub!lo ;~** ~r ~-'~
..... j ........ j .......... ~ .... Way .........
~ addition to ~y wall si~s pemKed by ~s Code, ou~,cels may by
allowed one additional six~ squ~ feet wall si~ hcing ~e shopp~g
center if the additional si~ is not oriented tow,~ ~y public fi~tmf-way.
~ no c~e ~e n~ber of wall si~s for ~ ou~,cel c~ exceed 2 si~s;
~d,
(b)
A single ~cuud cr ~^"-vv.., monument sign for outparcels having a frontage of
150 feet or more, not to exceed 60 square feet. Monument signs shall be
limited to -1-5 8 feet in height.
2.5.5.2.2. Development standards.
Maximum allowable height. All monument si~,q within non-residential
zoned districts and as applicable to non-residential designated portions of
PUD zoned properties are limited to a maximum height of 15 feet. except
as provided in this Code for monument si_mas for automobile service stations
and outparcels which are limited to a maximum height of 8 feet: the
maximum heivaht for directory siens is limited to 20 feet. eight
^*~'e--';-o -c'~'~' *' .... ~*~';" ~ "~+;^" Hight
shall bc measured ~om the lowest ccntcrline grade of thc nearest public or
private R.O.W. or easement to thc uppermost portion of the sign structure.
Minimum setback. All monument signs within non-residential zoned
districts and as applicable to non-residential designated portions of PUD
zoned properties shall not be located closer than 15 10 feet from the
property line. Directory_ si_gns shall not be closer than 15 feet fi'om the
property, line. unless otherwise noted below or as provided for in section
2.1.13.
AGENDA ITF. J,~
8
JAN O 5 2000
7
2.5.5.2.3.
2.5.5.2.4.
Maximum allowable sign area: 80 square feet for monument si_mas, except
for outparcels and 150 square feet for directow si_mas.
The location of the permanent monument and directory_ si_mas shall be
shown on the landscape plans (see Sec. 2.4.4.17.).
Real estate signs: The following signs classified as real estate signs shall be
permitted in non-residential districts subject to the following:
One ground ~ign with a maximum height of 10 feet or wall "For Sale," "For
Rent," or similar sign with a maximum area of twelve square feet in size per
street frontage for each parcel, or lot less than one acre in size. (No building
permit required.)
One ground sign with a maximum height of 10 feet or wall "For Sale," "For
Rent," or similar sign, with a maximum 32 square feet in size, per street
frontage for each parcel, or lot one to ten acres in size. (No building permit
required.)
One ground sign with a maximum height of-l--5 10 feet or wall "For Sale,"
"For Rent," or similar sign, with a maximum of 64 square feet in size, per
street frontage for each parcel or lot in excess of ten acres in size.
Real estate signs shall not be located closer than 4-5 10 feet from any
property line. In the case of undeveloped parcels where the existing
vegetation may not allow the location of the sign 4-5 10 feet from the
property line, the planning services director may allow a reduction in the
amount of the required setback however, in no case shall said sign be
located closer than five feet from any property line unless authorized by the
board of zoning appeals through the variance process.
Real estate signs shall be removed when an applicable temporary use permit
has expired, or within seven days of any of the following conditions:
ownership has changed; or, the property is no longer for sale, rent or lease.
A sign advertising that a property has been sold or leased shall not be
displayed for more than 30 14 days after it is erected.
Construction signs. All supports for such signs shall be securely built,
constructed, and erected and shall be located on the site under construction
and no closer than -1-5 10 feet from any property line, and subject to the
following:
9
AGENDA ITE~
JAN 0 5 2000
One ground sign with a maximum height of 10 feet or wall sign, with a
maximum of 12 square feet, may be used as a construction sign. The copy
on the construction si_mt shall be limited to the name and phone number of
the developer, architect, planning and engineering firm. financial institutig>~.
contractor and/or subcontractors involved with the project by-tt~e~amfi
for each parcel less than one acre in size. (No building permit required.)
One ground si_ma with a maximum height of 10 feet or wall sign, with a
maximum of 32 square feet in size, may be used as a construction sign. The
copy on the construction si_ma shall be limited to the name and phone
number of the developer, architect, planning and engineering firm. financial
institution, contractor and/or subcontractors involved with the proj eot ~
~, .............. v ........ a pe--n;2t ~'~'~-~ within each
front yard for each parcel one to ten acre in size. (No building permit
required.)
One -^~v~-~ _~round sign with a maximum height of-l-5 10 feet or wall sign,
with a maximum of 64 square feet in size, may be used as a construction
sign. The copy on the construction sign shall be limited to the name and
phone number of the developer, architect, planning and engineering firm.
financial institution, contractor and/or subcontractors involved with the
p oject by ~.e ge al .....
within each front yard for each parcel in excess of 10 acres in size.
A
All construction signs must be removed prior to the issuance of certificate
of occupancy.
2.5.5.2.5.
On-premise signs. On-premise poleo-e,-~, ~: ....... ~,---~-~ ,,-r:,-~,':~ monument sims._
projecting signs, wall signs, and mansard signs shall be allowed in all
nonresidentially zoned districts subject to the restrictions below:
2.5.5.2.5.1.
Monument pote signs. Single-occupancy parcels, shopping centers, office
complexes, business parks, or industrial parks having frontage of 150 feet or
more on a public street, or combined public street frontage of 220 linear feet
or more for comer lots, shall be permitted one monument ~
..... '~ signs. Additional monument ~ signs may be permitted
provided that there is a minimum of a 1,000-foot separation between such
signs, and all setback requirements are met. In no case shall the number of
p~le-or-gr-t~ monument signs exceed two per street frontage. In addition,
l0
AGENDA
No. (~
JAN 0 5 2000
T
multiple-occupancy parcels such as shopping centers, office complexes,
business parks, or industrial parks containing 25,000 square feet or more of
gross leasable floor area, and eight of more independent businesses will be
permitted one directory ::~: ....._ _..~.......~..~ ~.~ ..... . :quare feet for a
single entrance on each public street. When directory sign is proposed then
monument sign pol~-~r--gr-~m~d sigrm-shall be limited to the name and logo
of the complex and shall not contain name of any tenant. The directory_ si_mt
shall contain a minimum of 5 and a maximum of 9 tenant names. The nam0
of businesses located on outparcels shall not appear of directory_ si_mas,
The maximum size limitation shall apply to each structure. Monument si_m,.s
may be placed back to back or in V-_type construction with not more than
one display on each facing for a maximum of two display areas for each V-
_typ_ e sign. and such si_ma structure shall be considered as one sign.
Spot or floodlights shall be permitted only where such spot or floodlight is
non-revolving and said light shines only on the owner's premises or signs
and away from any right-of-way.
~.2.5.5.2.5.1.1.The minimum 15 fcct setback requirement may be administratively
reduced by a maximum of ten feet by the planning services director upon
submission of the administrative variance fee and a written request. However in no
case the required setback shall be reduced to less than 5 feet. The planning services
director's decision to reduce the required ! 5 fcct setback shall be based on the
following:
a)
Where it can be demonstrated that within the adjacent right-of-way
the area between the property line and the edge of pavement is
excessively wide and that the actual paved area is unlikely to be
widened to the extent that reduction in the required setback will
11
A G~J'~ A ITEM
JAN O 5 2000
b)
c)
d)
2.5.5.2.5.2.
result in the sign being any closer than 30 feet to the edge of
pavement;
Where due to the existing site conditions and improvements, it can
be demonstrated that adherence to the required minimum required
! 5 feet setback will have a deleterious effect on the safety of users
of the site from the perspective of vehicular parking and vehicular
and pedestrian ingress and egress;
Where due to the nature and location of existing landscape features
and/or specimen trees, it would be prudent to allow for a reduction
in the required setback so as to most appropriately locate the sign
structure; or,
The extent of the reduction is the minimum amount necessary to
provide relief from the applicable conditions cited above.
Wall, mansard, canopy or awning signs. One wall, mansard, canopy or
awning sign shall be permitted for each single-occupancy parcel, or for each
establishment in a multiple-occupancy parcel, end units within shopping
centers, or single occupancy parcels where there is double frontage on a
public right-of-way, shall be allowed two signs, but such signs shall not be
aced on one wall. Tm a~t!en, v-.v .................. vv...~, ........... : ~:
Retail businesses with a floor area of larger than 15,000 square feet and a
front wall length of more than 200 linear feet, are allowed three wall signs;
however, the combined area of those signs shall not exceed the maximum
allowable display area for signs by this code.
12
AGENDA ITEM
JAN 0 5 2000
The maximum allowable display area for signs shall not be more than 20
percent of the total square footage of the visual facade of the building to
which the sign will be attached and shall not, in any case, exceed 200 259
square feet in area for any sign.
2.5.5.2.5.3.
Projecting signs. Projecting signs may be substituted for wall or mansard
signs provided that the display area of the projecting sign shall not exceed
60 square feet of display area.
Projecting signs shall not project more than four feet from the
building wall to which it is attached.
Projecting signs shall not extend above the roofline of the building
to which it is attached.
3. Projecting signs shall not project into the public right-of-way.
Projecting signs which project over any pedestrian way shall be
elevated to a minimum height of eight feet above such pedestrian
way.
2.5.5.2.5.4.
Under-canopy signs. In addition to any other sign allowed by this code,
one under-canopy sign shall be allowed for each establishment in a
shopping center. This sign shall not exceed six square feet in area and
shall be a minimum of eight feet above finished grade. Under canopy
signs do not require a building permit unless the sign is equipped with an
electrical component.
2.5.5.2.5.5. Signage for automobile service stations:
The followings are the only signs allowed in automobile services stations and convenience
stores with gas pumps.
(a)
~ as allowed in Section 2.5.6.13 of this Code.
(b)
An illuminated corporate logo with a maximum area of twelve (12) square
feet shall be allowed on a canopy face which is adjacent to a dedicated
street or highway. Otherwise, accent lighting, and back lighting and accent
striping are is prohibited on canopy structures.
(c)
r,c,~ .; ........ s.:,.;,~a hcwever, ~' !2hae (1) ground sign shall be
permitted for each site and shall be placed within a 200 square foot
13
JAN 0 5 2000
landscaped area. Height is limited so that the top edge of the sign face is
less than eight (8) feet above grade. Maximum permitted area :70 60 square
feet.
(d) ~ Signage, logos, advertising and information is prohibited
above gas pumps.
(e) Wall si_mas: as allowed in Section 2.5.5.2.5.2. of this Code,
(f) Directional si~s: as allowed in Section 2.5.6.2. of this Code.
2.5.5.2.5.6.
Signs within planned unit developments (PUDs). Pursuant to the purpose
and intent of this division, creative, flexible and uniform comprehensive
sign plans providing for size, location, type, and common architectural
design standards, are encouraged within all PUD zoning districts, and
specifically required for PUDs containing in a commercial component. Sign
classes and sizes for planned unit developments should be the same as the
standards found within this code for the zoning district the development
most closely resembles, unless such planned unit developments have
comprehensive sign standards contained in the PUD document.
2.5.5.2.5.7. Flags. Residential properties that have been issued a certificate of occupancy
may display up to three non-commercial flags. Three non-commercial flags
may be displayed at the entrance of a commercial, office, industrial or
residential development. Whe/re these developments have multiple
entrances, any entrance may have up to three flags each, provided: the
development is at least ten acres in size, any entrance with flags is
providing ingress/egress only off a roadway that is designated a collector or
arterial in the traffic element of the growth management plan, and all
entrances with flags are at least 300 feet apart. Four additional flags may be
displayed within a development provided the flags are not visible to
motorists along any frontage roadways. The four internally displayed flags
may be increased by up to eight additional flags for maximum total of 12
flags with the amount of the proposed increase to be determined by the
planning services director, provided: all proposed flags would not be visible
to motorists along any frontage roadways and the planning services director
determines that the display of the extra flags is essential to the theme and
design of the development.
All flagpoles with a height in excess of 15 feet above finish grade or that
extend more than ten feet from any building that they are attached to shall
be subject to the building permit process. As a condition of permitting, the
flagpole foundation or attachment shall be designed by a Florida registered
engineer on a signed and sealed drawing showing construction details and
maximum flag area that is supportable. Certified designing and sealing shall
14
JAN 0 5 2~00
not be required where flagpoles are located at a distance exceeding their
height plus five feet from all structures (except those designed solely for
storage), property boundaries, utility lines and poles, and
pedestrian/vehicular accessways and roadways open to the general public or
the residents of that community.
On single-family or duplex lots flagpoles shall not exceed 30 feet in height
above finished grade. For all other residential zoned parcels, flagpoles shall
not exceed 35 feet in height from the finished grade or extend more than 20
feet from any building to which they are attached. In the estates, agricultural
or conservation districts flagpoles shall not exceed 35 feet in height above
finished grade. In all other zoning districts, flagpoles shall not exceed 50
feet in height from the finished grade, nor extend more than 20 feet from
any building to which they are attached, nor shall the width of the flag
exceed 30 percent of the length of the pole to which it is attached.
All flags in all zoning districts shall have a minimum of 5 foot setback from
all property lines.
2.5.5.2.5.8. Temporary signs. The erection of any temporary sign shall require permitting
as established within section 2.6.33 unless otherwise indicated herein.
Applicants for temporary sign permits shall pay the minimum fee
established for said permit. Temporary si~tms shall be allowed subject to the
restrictions imposed by this section and other relevant parts of this code.
2.5.5.2.5.8.1. Political signs. Political campaign signa and posters shall be permitted
subject to the following requirements:
Prior to the erection, installing, placing, or displaying of a political sign a
bulk temporary permit shall be obtained. The permit number shall appear on
every sign or on the pole supporting the sign. The fee for said bulk permit
shall be as adopted by resolution by the board of county commissioners. A
refundable fee in the form of a check ofmolley order for the amount of
$500.00 shall be submitted to Development Services. This check will be
held at Development Services Center, and will be re~urneql to the applicant
if all signs for the candidate or the issue for which th~ permit was issued is
removed within seven days after the election. In the case of non-compliance
with the requirements of this Code. the money in its entirety, will be used by
the Development Services to take corrective actions.
Political campaign signs or posters within residentially zoned or used
property shall not exceed four square feet in size, and shall not be located
closer than five feet to any property line. Political signs placed within
residential districts shall require written permission fi'om the property
owner.
Political campaign signs or posters will be permitted in all other zoning
districts within a maximum copy area of 40 32 square feet per sign, and
shall be located no closer than 4-5 10 feet to any property line. The number
of such signs shall be limited to one t-::e signs for each lot or parcel per bulk
permit issued for each candidate or issue.
All supports shall be securely built, constructed and erected to conform with
the requirements of this code.
The maximum height of any political campaign sign or poster, except those
that may be affixed to a wall, shall be limited to eight feet.
Political si~tms shall be erected not more than 60 42 calendar days prior to an
election or political event, and shall be removed within seven calendar days
after the election, event, or after the campaign issue has been decided.
2.5.5.2.5.8.2. Grand opening signs. An occupant may display an on-site grand opening
sign not exceeding 32 square feet. The banner sign shall be anchored and
may be displayed on-site for a period not exceeding 14 days within the first
three months that the occupant is open for business.
2.5.5.2.5.8.3. Special events signs. A special events sign not exceeding 32 square feet in
size may be displayed to announce or advertise such temporary uses as
fairs, carnivals, circuses, revivals, sporting events, or any public, charitable,
educational event. Such sign shall be located no closer than 4--5 l__0_feet to
any property line. Such signs shall require a building permit.
2.5.5.2.9.
Specialpurpose signs (on-site). Due to the unique and varied nature of the
following uses, additional signs may be required to provide the desired level
of service to the public. Special purpose signs shall be permitted as follows:
2.5.5.2.5.9.1. Time and temperature signs. One time and temperature sign having a surface
area not exceeding 12 square feet shall be permitted at each industrial,
commercial or other non-residentially zoned property. Such signs may be
affixed to the structure of a ~ monument sign. Such sign shall
require a building permit.
2.5.5.2.5.10. Commercial, business park and industrial directional or identification signs.
Directional or identification signs no greater than six square feet in size and
four feet in hei_mht, and located internal to the subdivision or development
and with a minimum setback ofl0 -1-5 feet, may be allowed subject to the
approval of the community development and environmental services
administrator, or his designee. Such sign shall only be used to identify the
location or direction of approved uses such as sales centers, information
16
JAN O 5 2000
Pg.
centers, or the individual components of the development, directional or
identification signs maintaining a common architectural theme maybe
combined into a single sign not to exceed six feet in height and 64 square
feet in area. Such signs shall require a building permit. For signage to be
located along the Golden Gate Parkway, see division 2.2, sections 2.2.21.1
and 2.2.21.6.2 and the Golden Gate Master Plan. Logos on all directional
signs shall not exceed 20 percent of the sign area. Logos shall not occupy
more than 20 percent of the directional si_ma area when the said si_ma is more
than six square feet in area. Directional sigxts are also subject to restrictions
of Section 2.5.6.2. of this Code.
2.5.5.2.5.11. On-premise signs within agricultural districts in the rural a_~cultural area
designated on the Future Land Use Map. On-premises signs shall be
permitted within agriculturally zoned or used property, for agri-commercial
uses defined within the Collier County zoning ordinance only, and subject
to the following restrictions:
2.5.5.2.5.11.1.
One pole or ground sign identifying the farm Organization, located at the
entrance or gate of each street frontage, and only for permitted agricultural
uses. The maximum allowable sign area for each pole or ground sign shall
not exceed 100 square feet with a maximum height not exceeding 20 feet,
and shall be located a minimum of 15 feet from any property lines, public or
private right-of-way or easement.
2.5.5.2.5.11.1.1. On premise si_m~s within a_m'icultural district in the urban area shall
comply with the requirements of Section 2.5.5.3.2. of the Land
Development Code.
2.5.5.2.5.11.2.
Seasonal farm signs (on-site). One temporary ~ ground sign with a
maximum heimht of 10 feet. and shall be located a minimum of 10 feet
fi.om any prope~_ line. public or private right-of-wily or ~0sement.
identifying the farm, farm organization, entrance, or gate not exceeding 40
square feet in area. This sign shall be used to identify temporary agricultural
offices so as to expedite the exportation of crops to various parts of the
county. Such signs shall be permitted for a period not to exceed 30 days and
may be issued only twice in any calendar year. Such signs shall require a
building permit.
2.5.5.2.5.11.3. U-Pic signs. One U-Pic sign located at the entrance on each street frontage.
The maximum allowable sign area for each U-Pic sign shall not exceed 32
square feet in area and a maximum height of 10 f~0t, and shall be located a
minimum of-l--5 10 feet fi.om any property line, public or private right-of-
way or easement.
17
AGENDA ITEM
JAN 0 5 2000
2.5.5.2.5.11.4.
2.5.5.2.5.12.
y~rall, mansard canopy or awning signs within agricultural districts. Wall,
mansard, canopy or awning si~m~.q shall be permitted within agriculturally
zoned or used property, for agri-commercial uses defined within the Collier
County zoning ordinance only, and subject to the following restrictions:
One wall or mansard, canopy or awning sign shall be penuitted for each
principal use structure on the parcel. Comer parcels or double-frontage
parcels shall be allowed one sign per street frontage, but such signs shall not
be combined for the purpose of placing the combined area on one wall. The
maximum allowable display area for any sign shall not be more than 15 -2-0
percent of the total square footage of the wall to which it is affixed, and
shall not in any case exceed 150 250 square feet in area per sign.
Off-premises directional signs. Off-premises directional signs are permitted
subject to review and approval of the design and location of such signs by
the community development and environmental services administrator, or
his designee, if the following retirements are met:
Off-premises directional signs shall only be permitted in nonresidentially
zoned, or agricultural districts.
No more than two one sided or one double sided off-premise directional
signs shall be permitted, identifying the location and nature of a building,
structure, or use which is not visible from the arterial roadway serving such
building, structure, or uses, provided:
1. Each sign is not more than 12 square feet in area.
The sign is not more than eight feet in height above the lowest
center grade of the arterial roadway.
3. The sign is located no closer than -1-5 10 feet to any property line.
The applicant must submit with the permit application notarized,
written permission from the property owner where the off-site sign
is located.
The sign shall only be located within 1,000 feet of the intersection of
the arterial roadway serving the building, structure, or use.
Off-premises directional signs shall not be located closer than 50
feet from a residentially zoned district.
Off-premises directional signs shall not be located closer than 100
feet from another off-premises directional sign.
~ AC, F_~A i-rE~
2.5.5.2.5.13. Illuminated signs. All illuminated signs shall have electrical components,
connections, and installations that conform to the National Electrical Code,
and all other applicable federal, state, and local codes and regulations.
Further, lighted signs shall: be shielded in such a manner as to produce no
glare, hazard or nuisance to motorists or occupants of adjacent properties;
not be reflective or phosphorescent; have a steady nonfluctuating or
nonundulating light source.
Sec. 2.5.6. Signs exempt from permitting.
In addition to those signs identified elsewhere in this code, the following signs are exempt
from the permit requirements of this code, and shall be permitted in all districts subject to
the limitations set forth below:
2.5.6.1.
Signs required to be maintained or posted by law or governmental order,
rule, or regulation.
2.5.6.2.
On-premises directional signs, not exceeding six square feet in area and four
~, intended to facilitate the movement of pedestrians and
vehicles within the site upon which such signs are posted. On-premises
directional signs shall be limited to 2 at each vehicle access point and a
maximum of 4 internal to the development. Internal sign~q are not intended to
be readily visible from the road. Directional si_cna are also subject to
restrictions of Section 2.5.5.2.5.10. of this Code.
2.5.6.3.
One identification sign, professional nameplate, or occupational sign for
each professional office, or business establishment not to exceed two square
feet in sign area and placed flush against a building face or mailbox side, and
denoting only the name of the occupant and, at the occupant's election, the
occupant's profession or specialty and/or the street address of the premise.
2.5.6.4.
Memorial plaques, cornerstones, historical tablets, and similar types of
commemorative signs when cut into any masonry surface or when
constructed of bronze or other noncombustible materials.
2.5.6.5.
"No Trespassing," "No Dumping," or other prohibitory or safety type signs,
provided each sign does not exceed three square feet in size.
2.5.6.6.
One ground or wall "For Sale," "For Rent," or similar sign per street fi'ontage
for each parcel, or lot less than ten acres in size.
2.5.6.7.
One on-premises sign for model homes, approved in conjunction with a
temporary use permit in any zoning district.
2000
2.5.6.8.
2.5.6.9.
2.5.6.10.
2.5.6.11.
2.5.6.12.
2.5.6.13.
2.5.6.14.
2.5.6.15.
2.5.6.16.
2.5.6.17.
2.5.6.18.
One on-premises open house sign not to exceed four square feet in size. Such
sign shall not be located within -1-5 10 feet of any property line, right-of-way
or access easement.
Bulletin boards and identification signs for public, charitable, educational or
religious institutions located on the premises of said institutions and not
exceeding 12 square feet in size.
Signs located on fences or walls surrounding athletic fields, or within sports
arenas, stadiums and the like, not to exceed 32 square feet in size, per sign.
Signs shall be oriented along the fence or wall to face the field(s) or playing
area, and away fi.om any adjacent public or private roads.
Traffic control and safety signs or other municipal, county, state or federal
signs, legal notices, railroad crossing signs, danger signs and such temporary
emergency signs when erected by an appropriate authority.
Window merchandise displays which are changed on a regular basis, meaning
no less frequently than every 30 days.
Non-electrical. non-illuminated and non-reflective W:~dndow signs not
exceeding 25 percent of each window area.
Signs located at the entrance drive of residences located upon 2.25-acre lots
or greater, displaying the name and address of the resident and not exceeding
four square feet in area.
Flags, or insignias of governmental, religious, charitable, fraternal or other
nonprofit organizations when displayed on property owned by or leased to
said organization. Non-commercial flags that will be flown on a flagpole that
does not exceed 15 feet in height above finish grade or extend more than ten
feet from any building they are attached to, are allowable if the number of
flags displayed does not exceed those described in section 2.5.5.2.3.8 and the
flagpoles do not require a certified design or be sealed by a Florida registered
engineer as described in section 2.5.5.2.3.8.
Advertising and identifying signs located on taxicabs, buses, trailers, tracks,
or vehicle bumpers, provided such sign does not violate section 2.5.7 of this
code.
Religious displays that do not constitute advertising.
Painting, repainting or cleaning without modi _fying the existing sign copy or
~gll_of an advertising structure, or changes which are determined by the
Planning Services Director to be less than a substantial improvement.
20 ! 05 2000
2.5.6.19.
Copy changes for shopping center, theaters, billboards or marquees that have
routine changes of copy, or are specifically designed for changes of copy.
2.5.6.20.
One ground or wall sign may be used as a construction sign by the general
contractor of the development, within each front yard for each parcel less than
ten acre in size
2.5.6.21. Temporary signs in conjunction with an approved temporary use permit.
Sec. 2.5.7. Prohibited signs.
It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained, any
sign not expressly authorized by, or exempted fi'om this code. The following signs are
expressly prohibited:
2.5.7.1.
Signs which are in violation of the building code or electrical code adopted
by Collier County.
2.5.7.2.
Abandoned signs.
2.5.7.3. Animated or activated signs, except time and temperature signs.
2.5.7.4.
Flashing signs or electronic reader boards.
2.5.7.5.
Rotating signs or displays.
2.5.7.6.
Illuminated signs in any residentially zoned or used district, except
residential identification signs, residential nameplates, and street signs that
are illuminated by soft or muted light. Nonresidential uses within
residentially used or zoned districts by conditional use, PUD ordinance, or
as otherwise provided for within the zcr.:'ng er~:~"~nce Land Development
Code, shall be allowed the use of illuminated signs, subject to the approval
of the community services administrator or his designee.
2.5.7.7.
Signs located upon, within, or otherwise encroaching upon county or public
rights-of-way, except as may be permitted under the provisions of
Ordinance [No.] 82-91, as amended, and those erected by a governmental
agency or required to be erected by a governmental agency.
2.5.7.8.
Billboards.
2.5.7.9.
Strip lighted signs.
21
JAN 0 5 2000
2.5.7.10.
2.5.7.11.
2.5.7.12.
2.5.7.13.
2.5.7.14.
2.5.7.15.
2.5.7.16.
2.5.7.17.
2.5.7.17.1.
2.5.7.17.2.
2.5.7.18.
2.5.7.19.
Neon type signs except non-exposed neon si_mas covered with an opaque or
translucent shield which will prevent radiation of direct light, within all
commercial and industrial districts.
Roof signs.
Portable signs.
Signs which resemble any official sign or marker erected by any
governmental agency, or which by reason of position, shade or color, would
conflict with the proper function of any traffic sign or signal, or be of a size,
location, movement, content, color, or illumination which may be
reasonably confused with or construed as, or conceal, a traffic control
device.
Signs, commonly referred to as snipe siN.q, made of any material
whatsoever and attached in any way to a utility pole, tree, fence post, stake,
stick or any other object located or situated on public or private property,
except as otherwise expressly allowed by, or exempted fi.om this code.
Wind signs (except where permitted as part of section 2.5.5 and 2.5.6 of this
code).
Any sign which is located adjacent to a county fight-of-way within the
unincorporated areas of the county which sign was erected, operated or
maintained without the permit required by section 2.5.12 having been
issued by the community development services administrator or his
designee shall be removed as provided in section 2.5.7. Such signs shall
include but are not limited to structural signs, fi.eestanding signs, [and] signs
attached or affixed to structures or other objects.
Any description or representation, in whatever form, of nudity, sexual
conduct, or sexual excitement, when it:
Is patently offensive to contemporary standards in the adult community as a
whole with respect to what is suitable sexual material for minors; and
Taken as a whole, lacks serious literary, artistic, political, or scientific
value.
Any si_ma which B emits audible sound, vapor, smoke, or gaseous matter.
22
AGENDA ITEM
i'4o._ ~ -
JAN 0 5 2~00
2.5.7.20.
2.5.7.21.
2.5.7.22.
2.5.7.23.
2.5.7.24.
2.5.7.25.
2.5.7.26.
2.5.7.27.
2.5.7.28.
2.5.7.29.
~lg_aigaAg.]li~ O obstructs, conceals, hides, or otherwise obscures from
view any official traffic or government sign, signal, or device.
~II.x~igxl_w.h~ ~ employs motion, has visible moving parts, or gives the
illusion of motion (excluding time and temperature signs).
~ga2~h.i.~ ~ is erected or maintained so as to obstruct any firefighting
equipment, window, door, or opening used as a means of ingress or egress
for fire escape purposes including any opening required for proper light and
ventilation.
~tl.x_,~igtt3y21i~ G constitutes a traffic hazard, or detriment to traffic safety
by reason of its size, location, movement, content, coloring, or method of
illumination, or by obstructing or distracting the vision of drivers or
pedestrians.
Signs mounted on a vehicle, be it the roof, hood, trunk, bed, and so on,
where said sign is intended to attract or may distract the attention of
motorists for the purpose of advertising a business, product, service, or the
like, whether or not said vehicle is parked, or driven, excluding emergency
vehicles, taxi cabs, and delivery vehicles, where a roof mounted sign does
not exceed two square feet. This section shall not apply to magnetic type
signs affixed to or signs painted on a vehicle, provided said vehicle is u~exi
in the course of operation of a business, and which are not otherwise
prohibited by this code. It shall be considered unlawful to park a vehicle
and/or trailer with si_m~s painted, mounted or affixed, on site or sites other
than that at which the firm. product, or service advertised on such si_m~s is
offered,
Uses flashing or revolving lights, or contains the words "Stop," "Look,"
"Danger," or any other words, phrase, symbol, or character in such a
manner as to interfere with, mislead, or confuse vehicular traffic.
Any sign which advertises or publicizes an activity not conducted on the
premises upon which the sign is maintained, except as otherwise provided
for within this code.
No sign shall be placed or permitted as a principal use on any property, in
any zoning district except as follows: U-Pic signs, political signs or signs
approved by temporary permit pursuant to the time limitations set forth
herein.
inflatable signs.
Accent lighting as defined in this code.
23
2.5.7.30.
Illuminated si_mas, neon or otherwise, installed inside businesses and
intended to be seen from the outside
Sec. 2.5.8. Termination of prohibited signs.
All signs expressly prohibited by section 2.5.7. and their supporting structures, shall be
removed within 30 days of notification that the sign is prohibited by the Collier County
Code Enforcement Director, or his designee, or, within 30 days of the end of the
amortization period contained in section 2.5.9. or, in the alternative, shall be altered so that
they no longer violate section 2.5.7. Billboards with an original cost of $100.00 or more,
and which have been legally permitted, shall be treated as nonconforming signs and
removed pursuant to section 2.5.9.3.
Sec. 2.5.9. Nonconforming signs.
Existing signs not expressly prohibited by this code and not conforming to its provisions
shall be. regarded as nonconforming signs.
2.5.9.1.
The following signs, and sign structures shall be removed or made to
conform to this code within 90 days from the effective date thereof.
2.5.9.1.1. Signs made of paper, cloth or other nondurable materials.
2.5.9.1.2. Temporary signs.
2.5.9.1.3.
Thosesignsdescribedinsections2.5.6.7,2.5.6.13,2.5.6.14,2.5.6.17, and
2.5.6.18.
2.5.9.1.4.
All non-conforming on-premises si_m~.q, and sign structures having an
original cost or value of $100.00 or more. and ori~nally built prior to
January_ 1st 1991 may be maintained until January_ 1st. 2003 and all signs
originally built between January_ 1st 1991 and J0nuary 5, 2000 may be
maintained until January. l~t. 2010. at which dates all non-conforming on-
premises si_mas and sign structures must be made to comply with the
requirements of this code or removed, except as provided below:
2.5.9.1.4.1.
Non-conforming on-premises si_mas that exceed the maximum height or area
limitation of this Code by ten (10) percent or less may be considered to be a
conforming si_ma and need not be removed or altered, but if such si ens are
replaced or structurally altered they shall conform to all requirements of this
Code.
24
JAN 0 5 /.0~0
2.5.9.2.
2.5.9.2.1.
2.5.9.2.2.
Nonconforming off-premises signs. All nonconforming off-premises signs,
and sign structures having an original cost or value of $100.00 or more may
be maintained for the longer of the following periods:
Two years from the date upon which the sign became nonconforming under
this ordinance.
A period of three to seven years from the effective date of this ordinance,
according to the amortization table below.
Sign Cost/Value
$100:00 to $1.000.00 3
$1,001.00 to $3,000.00 4
$3,001.00 to $10,000.00 5
More than $10,000.00 7
Permitted Years from
Effective Date of
this Amendment
2.5.9.2.3.
Any owner of an off-premises sign who requests an amortization period
longer than two years shall, within one year from the date of enactment of
these regulations, register the sign with the code enforcement director, or
his designee. The following information shall be provided at the time of
registration; the cost or value, whichever is greater, of the sign; the date of
erection; or the cost or value and date of the most recent renovation; a
photograph of the sign or signs and their supporting structure, not less than
five inches by seven inches in size; and a written agreement to remove the
sign at or before the expiration of the amortization period applicable to the
sign. The off-premise sign owner's signature shall be witnessed before a
notary public on all requests for extended amortizations. A registration fee
of $50.00 shall be paid at the time of registration.
Sec. 2.5.10. Continuation of nonconforming signs.
25
Subject to the limitations imposed by section 2.5.9 of this code, a nonconforming sign may
be continued and may shall be maintained in good condition for the duration of
amortization period as required by this code, but shall not be:
2.5.10.1.
Structurally or mechanically extended or altered to further the
nonconformity, except in cases where it has been determined that there
exists imminent danger to the public safety.
2.5.10.2.
Repaired or rebuilt when destroyed or damaged to the extent of 50 percent
or more of its replacement value, except in conformity with this code.
2.5.10.3.
A nonconforming permanent on-premises or off-premises sign shall not be
replaced by another nonconforming sign except that substitution or
interchange of letters, on nonconforming signs shall be permitted through
the period of nonconformity established by this code.
2.5.10.4.
Continued in use when any land use to which the sign pertains has ceased
for a period of 90 consecutive days, or has otherwise changed.
2.5.10.5.
Nonconforming status shall not be afforded to any sign erected without the
required permit issued by the county, state, or any federal agency either
before or after the enactment of this code, or to any pre-existing signs which
have been illegally installed, constructed, placed or maintained.
2.5.10.6.
In the case of sign which would be permitted by, and conform to, the
regulations of this code, except that such signs violate the maximum height,
minimum setback from a property line, maximum sign area and other
similar development standards, the planning services director, or his
designee, may approve structural alterations upon written request, provided
the sign and or supporting structure is redesigned so as to remove one or
more of the nonconforming aspects of the sign.
Sec. 2.5.11. Variances.
The board of zoning appeals based upon the evidence given in public hearing; and the
findings of the planning commission should determine to the maximum extent possible if
the granting of the variance will diminish or otherwise have a detrimental effect on the
public interest, safety or welfare. A variance from the terms of this zoning code may be
granted based on the requirements of section 2.7.5. or where it can be demonstrated that a
sign has significant historic or community significance, and pursuant to the criteria and
procedures set forth in section 2.7.5 of this code. In granting any variance, the board of
zoning appeals may prescribe the following:
Appropriate conditions and safeguards in conformity with this code or other
applicable county ordinances. Violation of such conditions and safeguards,
26 J~ D 5 2000
when made a part of the terms under which the variance is granted, shall be
deemed a violation of this code.
A reasonable time limit within which the action for which the variance
required shall be begun or completed or both.
Sec. 2.5.12. Permit applications.
2.5.12.1.
General. Any person wishing to erect, place, rebuild, reconstruct, relocate,
alter, or chance the sign copy (see section 2.5.5. for exceptions) of any sign
shall apply for and receive a building permit in accordance with Resolution
91-642, prior to the commencement of any work. A building permit will be
issued by the community development services administrator, or his
designee, provided that all permit requirements of the code and all other
applicable provisions of Collier County's ordinances and regulations have
been met.
2.5.12.2.
Permit fees. A building permit fee shall be collected pursuant to the fee
schedule set forth by resolution.
2.5.12.3.
Form. Every application for a building pemait shall be in writing upon
forms to be rum/shed by the community development and environmental
services administrator, or his designee.
2.5.12.4.
Appffcation contents. In order to obtain a permit to erect, place, rebuild,
reconstruct, relocate, alter or chance the sign copy of any sign under the
provision of this code, an applicant shall submit to the building official a
building permit application which shall set forth in writing a complete
description of the proposed sign including:
2.5.12.4.1.
The name, address and telephone number of the: (a) owner and lessee of the
sign and Co) sign contractor or erector of the sign.
2.5.12.4.2.
The legal description and the street address of the property upon which the
sign is to be erected.
2.5.12.4.3. The dimensions of the sign including height.
2.5.12.4.4. The copy to be placed on the face of the sign.
2.5.12.4.5.
Other information required in the permit application forms provided by the
community development and environmental services administrator, or his
designee; including two copies of the site plan, elevation drawings of the
proposed sign and identification of the type, height, area and location of all
existing v
27
JAN 0 5 2000
2.5.12.4.6.
2.5.12.4.7.
2.5.12.4.8.
2.5.12.4.9.
2.5.12.5.
subject parcel, and a color rendering of the proposed sign. showing the
back~ound and lettering colors, and color of lights, for lighted signs.
Two blueprints or ink drawings, certified by a Florida registered engineer or
architect, of the plans and specifications and method of construction and
attachment to the building or the ground for all t~ monument signs and all
projecting signs; and any ground sign over 32 square feet.
Wall signs, or any separate part thereof, which is to be affixed to a wall
shall be fastened flush with the surface with fasteners which shall have the
capacity to carry the full load of the sign or separate part thereof under wind
load conditions of the approved Collier County Building Code Ordinance
[Code § 22-106 et seq.], Flood Ordinance [Code ch. 62. art. II], and the
Coastal Building Zone Ordinance [Code ch. 22, art. VIII]. Any such sign or
separate part thereof which is not mounted flush with the surface and which
weighs more than 20 pounds shall have a Florida registered engineer design
the mounting or fastening system and depict the system on signed and
sealed drawings which shall accompany the permit application.
If the sign or sign copy is to be illuminated or electronically operated, the
technical means by which this is to be accomplished.
The permit number shall be displayed or affixed at the bottom of the sign
face and shall have the same life expectancy as the sign. Such permit
number shall be clearly legible to a person standing five feet in front of the
base of the sign and in no case shall the permit number be less than one-half
inch in size.
Expiration of permit. Building permits shall expire and become null and
void if the work authorized by such permit is not commenced and inspected
within six months from the date of issuance of the permit.
2.5.5.2.1.2.
Adherence to the unified si_tmage plan: Requests for building permits for
permanent on-premise signs shall adhere to the unified si_maage plan. which
shall be kept on file in the communi _ty development and environm~atal
services division. Requests to permit a new si_ma, or to relocate, replace or
structurally alter an existing si_ma shall be accompanied by a unified si_m~
plan for the building or project the sigxt is accessory_ to. Existing permitted
si_mas may remain in place: however, all future requests for permits, whether
for a new si_ma, or relocation, alteration, or replacement of an existing si_m~.
shall adhere to the unified si_ma plan for the property.
Sec. 2.5.13. Enforcement.
28
2.5.13.1.
2.5.13.1.1.
2.5.13.1.2.
2.5.13.1.3.
2.5.13.2.
2.5.13.2.1.
2.5.13.2.2.
2.5.13.2.3.
General. No sign shall hereafter be erected, placed, altered or moved unless
in conformity with this code. All signs located within Collier County shall
comply with the following requirements:
The issuance of a sign permit pursuant to the requirements of this code shall
not permit the construction or maintenance of a sign or structure in violation
of an existing county, state or federal law or regulation.
All signs for which a permit is required shall be subject to inspections by
the county mamt. g~ sl~:l~li~:al~or his designee. The county manager
al~:li~:It~, or his designee, is hereby authorized to enter upon any
property or premises to ascertain whether the provisions of this code are
being adhered to. Such entrance shall be made during business hours, unless
an emergency exists. The county ~a~ailli~Ia~, or his designee,
may order the removal of any sign that is not in compliance with the
provisions of this code, is improperly maintained, or which would constitute
a hazard to the public health, safety, and welfare.
The community development and environmental services administrator, or
his designee shall be charged with interpretation and enforcement of this
code.
Enforcement procedures. Whenever, by the provisions of this code, the
performance of an act is required or the performance of an act is prohibited,
a failure to comply with such provisions shall constitute a violation of this
code.
The owner, tenant, and/or occupant of any land or structure, or part thereof,
and an architect, builder, contractor agent, or other person who knowingly
participates in, assists, directs, creates or maintains any situation that is
contrary to the requirements of this code may be held responsible for the
violation and be subject to the penalties and remedies provided herein.
Where any sign or part thereof violates this code, the compliance service
manager or his designee, may institute any appropriate action or
proceedings to prevent, restrain, correct, or abate a violation of this code, as
provided by law, including prosecution before the Collier County Code
Enforcement Board against the owner, agent, lessee, or other persons
maintaining the sign, or owner, or lessee of the land where the sign is
located.
If a sign is in such condition as to be in danger of falling, or is a menace to
the safety of persons or property, or found to be an immediate and serious
danger to the public because of its unsafe condition, the provisions of
2S
· AGEI~A ITEM
JAN 0 5 2000
section 2301.6 of the Standard Building Code, as adopted by Collier County
shall govern.
2.5.13.2.4.
Code enforcement shall immediately remove all violative si~ located in or
upon public rights-of-way or public property.
2.5.13.2.5.
Penalties. If any person, firm or corporation, whether public or private, or
other entity fails or refuses to obey or comply with or violates any of the
provisions of this code, such person, firm, corporation, or other entity, upon
conviction of such offense, shall be guilty of a misdemeanor and shall be
punished by a fine not to exceed $500.00 or by imprisonment not to exceed
60 days in the county jail, or both, in the discretion of the court. Each
violation or noncompliance shall be considered a separate and distinct
offense. Further, each day of continued violation or noncompliance shall be
considered as a separate offense.
Nothing herein contained shall prevent or restrict the county fi:om taking such other lawful
action in any court of competent jurisdiction as is necessary to prevent or remedy any
violation or noncompliance. Such other lawful actions shall include, but shall not be
limited to, an equitable action for injunctive relief or an action at law for damages.
Further, nothing in this section shall be construed to prohibit the county from prosecuting
any violation of this code by means of a code enforcement board established pursuant to
the subsidiary of F.S. ch. 162.
30
AGEI~A ITF_hl
Pt<.
ORIGIN: Communitv Development 8,: Environmental Service Division
AUTHOR: Michelle Edwards Arnold
DEPARTMENT: Code Enforcement
LDC PAGE: LDC2:176
LDC SECTION: 2.6.2. Accessory Buildings and Structures
CHANGE: Add new subsection 2.6.2.4. Canopy Tents / Shades
REASON: There have been numerous canopy tents / shades erected in the residential areas of
the unincorporated County triggering complaint phone calls to the Code Enforcement
Department. There is nothing in the Land Development Code hat addressed these type of
structures. Because of their popularity., we feel it essential that the placement, size and usage be
addressed to minimize impact on adjacent properties where these structures may be used.
FISCAL'& OPERATIONAL IMPACTS:
requirement to obtain a building permits
Department.
The provision of these structures will include the
increasing the funds collected in the Building
RELATED CODES OR REGULATIONS: None.
2.6.2.4.
Canopy Tents / Shades. Canopy tents/shades shall be permitted in residential and
Estates zoned areas in accordance with the side and rear setbacks for the
applicable zoning district. These structures are expressly prohibited on the street
side of the front wall of any structure or building in a residential zoning district.
including Estates zoninm A building permit shall be obtained for these structures
accompanied by a plot plan and is limited to one structure per residential lot with
a principal structure. These structures shall consist of metal poles supports with
canopy tops and no sides. The maximum size of these structures shall be 300
square feet, not to exceed 15 feet in height. The use of these structures shall be
for the storage/parking of recreational vehicles, vehicles authorized in residential
areas, and as a sun shade for outdoor recreating. At no time shall these structures
be used for any other storage or be permitted with electrical or other utility
connections.
2.6.2.4. LDC AMENDMENT/MEA/md
2000
ORIGIN: Community Development & Environmental Services
AUTHOR: Chahram Badamtchian. Ph.D.. AICP
DEPARTMENT: Planning Services
LDC PAGE: LDC:176.2
LDC SECTION: 2.6.4.1.10.
CHANGE: To exclude singe family residences from the provisions of Section 2.6.4.1.10.
REASON: This is to close an existing loophole which allows single family homes to
build carports within the required setbacks.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
Amend Section 6:3 as follows:
2.6.4.1.10.
In commercial, industrial and multi-family residential developments,
carports which are open on all sides may encroach into the required yards
provided they do not encroach into the required landscape buffers, as
required by this Code; and furthermore, if the landscaping is deficient where
the carports are proposed, the landscaping must be upgraded to comply with
the LDC requirements to the greatest extent possible prior to the issuance of
a building permit for said carports. This shall be accomplished by a Site
Development Plan amendment or a Site Improvement Plan approval.
2.6.4.1.10.LDC/CB
ORIGIN: Community Development & Environmental Services
AUTHOR: Cher~'l Soter. Planner !
DEPARTMENT: Planning Services
LDC PAGE: 2:176.3
LDC SECTION: -.6.4..~. Minor improvements to legal nonconforming structures located
~vithin a residential zoning district.
CHANGE: Amend Section ~..6.4..~.1. which allows an administrative variance procedure for
minor improvements to structures considered legal nonconforming due to code changes in
required side and rear yards to include "front yards" as well.
REASON: The code should allow an administrative variance procedure for minor
improvements to legal nonconforming structures due to changes in the code regardless of
xvhether it is a front, side or rear yard.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
2.6.4.3. Minor improvements to legal nonconforming structures located within a
residentialzoning district.
2.6.4.3.1.
Where a structure ,,vas lawfully permitted within a residential zoning district under a
previous code. and where said structure is considered nonconforming under the
current land development code due to changes in the required front, side or rear yards.
the site development review director may administratively approve a variance for an
amount equal to or less than the existing front, side and/or rear yard encroachment.
Canopies, windowsills or other projections as provided for within section 2.6.4.1 shall
not be used in the calculation of existing ti'ont, side and/or rear yard encroachments.
2.6.4 .3
2.6.4.3. LDC AMENDMENT/CS/
· 2. Procedure. The applicant shall follow the same procedures as provided within
section 2.6.4.2.2. except that in addition the applicant shall submit a detailed
concepfual site plan drawn to scale depicting all existing structures and the proposed
addition, as well as the distance between the property, lines and the existing and
proposed structures. Additionally, the applicant shall provide proof that the
encroaching structure was legally constructed. Such proof shall include, at a
minimum, evidence that a building permit was issued for the encroaching structure,
or. where such evidence cannot be provided, documentation from the property,
appraiser's office of the date the structure was placed on the tax rolls.
1
2L,',I 0 5 2200
ORIGIN: Communitv Development & Environmental Services
AUTHOR: Ross Gochenaur
DEPARTMENT: Planning Services
LDC PAGE: 2:189 - 2:192.1
LDC SECTION: 2.6.21 Dock facilities
CHANGE: 1) Standardize terminology relating to waterways and clarify measurement of
waterway width; 2) Reduce the period during which a decision of the planning commission
regarding a boat dock or boat house petition may be appealed from 30 days to 14 days; 3) Add
language describing methods of determining the location of riparian lines for all situations other
than end-of-waterway lots: 4) add definition of"riparian line"
REASON: 1) References throughout the section to canals, waterways, and navigable channels
have caused some confusion as to which, or all, of these terms applies to a given situation. Since
canals are ~vaterways. and navigable channels are located within waterways, the section has been
amended to use the term "waterway" throughout as a generic reference. Waterway width
measurements may be taken by various means. In some cases, this section specifically requires
measurement according to platted width, while in others it does not. This amendment would
specify that platted width, when available, would be used in all cases. 2) The 30-day waiting
period before the petitioner would be able to begin construction of the facility seems
unnecessarily restrictive, and a 14-day period would seem reasonable time in which to file an
appeal. 3) Section 2.6.21 currently contains language which describes in detail methods of
determining riparian lines, from which dock facility setbacks are measured, but only for end-of-
canal/waterway lots. This language does not apply to any other situations, and the amendment
would correct this omission. 4) A narrow definition of"riparian line" would be deleted from
Section 2.6.21 and a more general definition would be added to Division 6.3.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None.
Sec. 2.6.21. Dock facilities.
"6"1. .
Individual or multiple private docks, including mooting pilings, davits, lifts and
the like are permitted to serve the residents of a development on c~na! cr
waterway lots, provided they do not protrude more than the respective distances
specified in sections 2.6.21.2, and 2.6.21.3, for such canal or waterway. Docks
and the like are primarily intended to adequately secure moored vessels and
provide safe access by users for routine maintenance and use while minimally
impacting the navigability ° f the waterway' the native marine habitat' Tanat~,o.~. ~'~4r7311~"-_
and the use and vie~v of the waterway by surrounding property owners. Permitted
dock facilib' protrusions as well as extension of dock facilities are measured from
the property line, bulkhead line. shoreline, seawall, rip-rap line. or Mean High
Water line. whichever is more restrictive. On unbridged barrier islands, a boat
dock shall be considered a permitted principal use: however, a dock shall not, in
any way, constitute a use or structure which permits, requires, and/or provides for
any accessory, uses and or structures. Boathouses and dock facilities proposed on
residentially zoned properties as defined in section 2.1.4 of this Code, shall be
considered an accessory use or structure. Boathouses shall be required to be
approved through the procedure and criteria in section 2.6.21.3 and 2.6.21.4.
In addition, any covered structure erected on a private boat dock shall also be
considered an accessory use. and shall also be required to be approved through the
procedures and criteria of section 2.6.21.3 and 2.6.21.4 of this code
2.6.21.2.
2.6.21.2.1.
2.6.21.2.2.
2.6.21.2.3.
2.6.21.2.4
Dock facilim, requirements and restrictions. The following criteria apply to dock
facilities and boathouses. Platted waterway width, where available, shall be
considered true waterway width for the purposes of this section.
For lots on a canal ar waterway that is 100 feet or greater in width, no boathouse,
dock facility/boat combination shall protrude more than 20 feet into the waterway
(i.e. the total protrusion of the dock facility plus the total protrusion of the moored
vessel).
For lots on a cana! or waterway that is less than 100 feet in width, dock facilities
may extend/protrude not greater than five feet into said canal er waterway. No
dock extension shall be granted to allow a dock facility/boat combination to
protrude more than 20 feet into the waterway and/or cause less than a minimum of
50 percent of the ~ width of the waterway between dock
structures/moored vessel(s) on the opposite side of the canal waterway to be
unobstructed, whichever is more restrictive.
For lots on a canal er waterway that is less than 70 feet in width, the dock facility
extension procedure identified in section 2.6.21.3 is not available (i.e., such lots
are limited to a five-foot dock facility).
All dock facilities on lots with water frontage of 60 feet or greater shall have side
setback requirement of 15 feet, except as provided in sec4o~ section 2.6.21.2.4.1
er 2.5.21A or as exempted below. All dock facilities (except boathouses) on lots
with less than 60 feet of water frontage shall have a side setback requirement of
7V2 feet. All dock facilities (except boathouses) on lots at the end or side end of
a canal or waterway having regular (linear) water frontage shall have a side
setback requirement of 7 V2 feet as measured from the side lot line or riparian line,
whichever is appro ate.
2 JAN 0 5 2000
2.6.21.2.4.1.
2.6.21.2.5.
2.6.21.2.6.
2.6.21.2.7.
2.6.21.2.7.1.
2.6.21.2.7.2.
Riparian lines (see Division 6.3 Definitions, Riparian line) for lots at the end or
side end of a canal or waterway with a regular shoreline are established bv a line
extending from the comer of an end lot and side end lot into the canal or
waterway bisecting equidistantly the an~le created bv the two intersecting lots
(see Exhibit A). Riparian lines for all other lots should be established by
.~enerallv accepted methods, taking into consideration the configuration of the
shoreline, and allowing for the equitable apportionment of riparian rights. Such
methods include, but are not limited to, lines drawn perpendicular to the shoreline
for regular (linear) shorelines, or lines drawn perpendicular to the centerline
(thread) of the waterway, or perpendicular to the line of deep water (line of
navi~,abilitv or edge of navigable channel), as appropriate, for irregular shorelines.
All dock facilities, regardless of length/protrusion, shall have reflectors and house
numbers tour inches minimum size installed at the outermost end. on both sides.
For multifamily developments, the house number requirement is waived.
All dock facilities are subject to. and shall comply with. all federal and state
requirements and permits, including but [not] limited to the requirements and
permits of the Florida department of environmental protection, the U.S. Army
Corps of Engineers, and the U.S. Environmental Protection Agency.
Protection ofseagrass beds. Where new docking facilities are proposed or boat
dock extensions, the location and presence of seagrass or seagrass beds within 200
feet of any proposed dock facility shall be identified on an aerial photograph
having a scale of one inch to 200 feet when available from the county, or a scale
of one inch to 400 feet when such photographs are not available from the county.
The location of seagrass beds shall be verified by a site visit by the site
development review director or his designee prior to issuance of any project
approval or permit.
All proposed dock facilities shall be located and aligned to stay at least ten feet
from any existing seagrass beds, except where a continuous bed of seagrasses
exists off the shore of the property and adjacent to the property, and to minimize
negative impacts to seagrasses and other native shoreline, emergent and
submerged vegetation and hard bottom communities.
Where a continuous bed of seagrasses exists off the shore of the property and
adjacent to the property the applicant shall be allowed to build a dock across the
seagrasses, or a docking facility within ten feet of seagrasses. Such docking
facilities shall comply with the following conditions:
The dock shall be at a height of at least 3.5 feet NGVD.
AGE~'~)A ITF. M
2. The terminal platform of the dock shall not exceed 160 square feet.
2.6.21.3.
2.6.21.3.l.
2.6.21.3.2.
2.6.21.3.3.
2.6.21.3.4.
3. The access dock shall not exceed a width of four feet.
4. The access dock and terminal platform shall be sited to impact the smallest
area of seagrasses possible.
The petitioner shall be required to demonstrate how negative impacts to
seagrasses and other native shoreline vegetation and hard bottom communities
have been minimized prior to any project approval or permit issuance.
Dock facili~, extension: boathouse establishment criteria. Additional
length/protrusion beyond said respective distances specified in section 2.6.21.2.1
and 2.6.21.2.2 for dock facilities: and all boathouses, regardless of the extent of
the protrusion into the waterway or the width of the waterway, shall require public
notice and a hearing bv the Collier County. Planning Commission. As to any boat
dock extension petition upon which the planning commission takes action.
pursuant to section 5.2.11 of this Code. an aggrieved petitioner or adversely
affected property owner may appeal such final action to the board of zoning
appeals, except that such appeal shall be filed with the development services
director within 14 days of the date of the final action bv the planning commission.
The board of zoning appeals may affirm, affirm with conditions, reverse, or
reverse with conditions the action of the planning commission. Such appeal shall
be filed with the community development and environmental services commission
and shall be noticed for hearing with the board of zoning appeals pursuant to the
procedures and applicable fee set forth in section 1.6.6 of this Code. The planning
commission shall base its decision for approval, approval with conditions, or
denial, on the following criteria:
Whether or not the number of dock facilities or slips to be located on the subject
property, is appropriate in relation to the length of waterfront property available
tbr the location of the proposed dock facilities.
Whether or not the water depth where the proposed dock facility ii to be located is
sufficient to allow for safe mooring of the vessel, thereby necessitating the
extension request.
Whether or not the proposed dock facility and moored vessel(s) in combination
may have an adverse impact to navigation within an adjacent navigable channel.
Whether or not the proposed dock design and moored vessel protrude greater than
25 percent of the width of the v~ waterway greater than 20 feet for
boathouses, and whether or not a minimum of 50 percent of the '-~-'-'~'~
width of the waterway between dock structures/moored vessel(s) on the opposite
side
of
the
canal waterway is maintained in order to ensure reasonabl~~~
wid4tk far navigability.
2.6.21.3.5.
2.6.21.3.6.
2.6.21.3.7.
2.6.21.3.8.
2.6.21.3.10.
2.6.21.3.11.
2.6.21.4.
2.6.21.4.1.
2.6.21.4.2.
2.6.21.4.3.
Whether or not there are special conditions related to the subject property or
waterway which justify, the proposed dimensions and location of the subject dock.
Whether or not the proposed dock is of minimal dimensions necessary, in order to
adequately secure the moored vessel while providing reasonable access to the boat
tbr routine maintenance, without the use of excessive deck area.
Whether or not the proposed structure is of minimal dimensions to minimize the
impact of the view of the waterway by surrounding property, owners.
Whether or not the proposed vessel is in excess of 50 percent of the length of the
water frontage such that the addition of a dock structure will increase the impact
on or negatively impact the view of the xvaterway by surrounding property
owners.
Whether or not the proposed location and design of the dock/vessel combination
is such that is may infringe upon the use of neighboring properties, including any
existing dock structures.
Regarding existing benthic organisms in the vicinity of the proposed extension.
(a) Whether or not seagrasses are located within 200 feet of the proposed
dock; and
(b) Whether or not the proposed dock is subject to the manatee protection
requirements of this Code (section 2.6.22).
If deemed necessary based upon review of the above criteria~ the planning
commission may impose such conditions upon the approval of an extension
request it deems as necessary to accomplish the purposes of this code and protect
the safety, and welfare of the public. Such conditions may include, but shall not be
limited to, greater side setback(s), provision of light(s), additional reflectors, or
reflectors larger than four inches, and prohibiting or permitting mooring on the
outside of the dock facility.
Boathouse requirements: In addition to the criteria in section 2.6.21.3, the
following criteria shall apply to boathouses:
Minimum side setback requirement: 15 feet.
Maximum protrusion into waterway: 25 percent of c=:a! waterway width or 20
feet, whichever is less.
Maximum height: 15 feet as measured from top of seawall or bank whichever is
more restrictive. ~
2.6.21.4.4.
2.6.21.4.5.
2.6.21.4.6.
Maximum number of boathouses per site: One.
All boathouse structures shall be completely open on all four sides.
Roofing material and roof color shall be the same as materials and colors used on
the principal structure or may be of a palm frond "chickee" style.
(Ord. No. 92-73. § 2: Ord. No. 93-37. § 3' Ord. No. 94-58, § 3, 10-21-94; Ord. No. 95-58, § 3,
11-1-95; Ord. No. 96-21, § 3; Ord. No. 97-26, § 3.D. 6-4-97)
Code references--Coastal zone protection. § 22-286 et seq.; waterways, ch. 146.
2.6.21. LDC AMENDMENT/RG/md
6
A~%DA ITEM
JAN 0 5 2000
P~. ~ ._
ORIGIN: Community Development & Environmental Services
AUTHOR: Ross Gochenaur. Planner II
DEPARTMENT: Planning Services
LDC PAGE: 2:208 - 2:209
LDC SECTION: 2.6.33. Temporary use permits
CHANGE: Revise Section 2.6.33.4. (Model homes and model sales centers) to 1) prohibit the
issuance of permits for dwelling units in multi-family developments prior to final plat
recordation and project SDP approval, and 2) limit the number of permitted models prior to final
plat recordation to a maximum of 5 per plat or 10 percent of the total number of platted lots.
whichever is lesser.
REASON: 1) Since the Code requires a certificate of occupancy for the entire multi-family
structure, no single unit could be approved for use as a model prior to issuance of the c/o. 2) The
current Code allows 5 models per approved development but does not define "development."
This amendment would correct the omission by specifying a platted development. The
percentage limitation would preclude obtaining an unreasonable number of models by platting
developments with a small number of lots.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
Sec. 2.6.33. Temporary use permits.
2.6.33.1.
Purpose and intent. Based upon the nature of some uses, their impact on adjacent
uses, their compatibility with surrounding properties, and the length of time a use
is intended to function, there is an identified need to allow certain temporary uses
within a development site, and to provide for other types of temporary uses such
as special events, sales and promotions. It is the intent of this section to classify
temporary uses and to provide for their permitting.
_.6.03.2.
General. The site development review director, or his designee, may grant a
temporary use permit for requests that demonstrate compliance with the intent of
section 2.6.33. Approvals for such requests shall be based upon, but not limited
to, the applicant's description of the temporary use, the intended duration of the
use, hours of operation and the impacts of the proposed temporary use on adjacent
properties. All requests for a temporary use permit shall submit a conceptual or
site development plan (SDP) as provided for within this section. The appropriate
required plan and temporary use permit application shall be s~
approved prior to the submission of a building permit applicaticln an~%~h~
demonstrate, where applicable, that provisions ~vill be made to adequately address
all of the following:
t. Traffic circulation and safety within the site as tbllows:
All parking spaces shall be arranged in a manner tbr convenient
and sate access tbr vehicles and pedestrians without causing
vehicles to back out into a right-or:way. No parking spaces shall be
arranged to cause vehicles to be moved in order for other vehicles
to enter/exit a site.
Minimum parking requirements tbr the temporary, use as defined within
Div. 2.3. Off-street parking and loading as tbllows:
ao
Four parking spaces for the first model unit and one and one-half
spaces for each additional model unit (for dimensions see section
~..~.4.12).
One parking space tbr disabled persons per parking lot shall be
provided (included as part of required parking) along with an
access aisle and barrier-tree access to the unit (for dimensions see
section 2.3.20.3),
Co
All parking spaces shall be constructed of a concrete, asphalt, or
other dustless material as may be approved by the site development
review director (driveways and handicapped spaces shall be
paved).
Screening. buffering, and landscaping of the temporary use to reduce
potential impacts on adjacent properties as required in section 2.4.4 and
approval bv the site development review director as follows:
One tree per 30 linear feet around the perimeter of the parking and
driveway areas.
Double hedge between the right-of-way and the parking area;
single hedge to screen off perimeter of drive and parking areas.
Pavement setback a minimum of ten feet from right-of-way line:
(15 feet lbr right-of-way 100 feet or greater in width); ten feet from
side property lines (unless otherwise authorized by the site
development review director);
kighting;
Sanitary. thcilities:
6. Fire protection:
7. Environmental impacts:
8. Stormwater management:
Anv other requirements determined to be necessary tbr the public health
and safety.
Temporary construction and development permits. During the construction of any
development tbr which at least a preliminary, development order has been granted.
as required below, the developer ma,.' request a temporary, use permit for the
below-listed activities. The temporary, use permit shall be granted initially for a
period not to exceed 24 months in length and may be renewed annually based
upon demonstration of need. A request for renewal shall be submitted to the site
development review director in wxiting 30 days prior to the expiration of the
temporaD' use permit. Temporary construction and development permits shall be
allowed tbr the Ibllowing uses:
Temporary. offices to be used ~br construction, and administrative
functions within the development.
Temporary. administrative offices to be used in conjunction with a bona
fide agricultural use in the Agricultural zoning district when located in the
area designated agricultural on the future land use map of the Future Land
Use Element of the Collier County. Growth Management Plan.
o
On-site storage of equipment and construction materials for use on the
development site only.
On-site mobile home used as a temporary, office or storage facility for
persons engaged in the development of the site.
5. On-site mobile radio and television equipment and antennae.
6. On-site mobile home for the use of a watchman or caretaker only.
°
On-site temporary use of structures and equipment for the building of
roads, public utilities, and government projects.
o
Off-site temporary parking on property which is located contiguous to the
subject development, or would be contiguous except for a roadway that is
not designated as a collector or arterial in the traffic circulation element of
the growth management plan. with the written authorization of the
property, owner.
--.O.DJ .%.
~.O.D J.%. !.
Other on-site uses similar to the foregoing uses and determined to meet the
intent of section 2.6.33.2.
Proposed temporary, structures identified above require the submission of a
conceptual site plan which addresses the requirements of section * ~ '" '~
3todet homes and model sales centers.
Model homes and model sales centers shall be of a temporary nature and may be
allowed in any residential zoning district or residential component of a PUD= in
the Estates zoning district, and in the Agricultural zoning district as part of a rural
subdivision, by the issuance of a temporary, use permit; however, a model center
as a permitted use within a PUD. and not located within a dwelling unit. shall not
require a temporary use permit. Model homes and model sales centers are
intended to facilitate the sale of the model design, or of products similar in design
to the model. Model homes and model sales centers located within residential
zoning districts, or within a residential component of a PUD shall be restricted to
the promotion of a product or products permitted within the residential zoning
'district or PUD in which the model home or model sales center is located and
further subject to the following:
Model homes shall only be permitted for dwellings which have not been
previously used as a residence.
A model home or model sales center is not intended to allow the full scope
of real estate activities and shall be restricted primarily to the sale and
marketing of the model, or products similar to the model. A model home
shall not include offices for builders, contractors, developers, or similar
activities.
Model homes may be "wet" or "dry." Model homes permitted as "dry"
models (unoccupied by a sales office and/or representative) shall be
limited to a conditional certificate of occupancy allowing the use of the
structure as a model only provided all required infrastructure is in place to
service the unit. Model homes permitted as "wet" models (occupied by a
sales office and/or representative) shall not be occupied until such time as
all required infrastructure is available to service the unit and a permanent
certificate of occupancy has been issued. Transportation to and from
unoccupied model homes is provided at a sales center, which also provides
required parking and handicapped accommodations in accordance with
section 2.6.33.2. Model homes occupied by a sales office and/or
representative must have all required landscaping, parking, and
handicapped access on site. A temporary use permit for a model home
(occupied or unoccupied) shall be issued initially for a period of three
years. Extensions in excess of this period shall require l~t~:~qi~lff'~-~ '~
approval of a conditional use petition in accordance with sect on 2~.~
Model sales centers may be located in either a temporary structure, usually
a mobile home. or a permanent structure xvhich is either a residential
dwelling unit or a non-residential structure. Temporal3.' use permits shall
be issued as follows:
;2[.
.x, temporaD, use permit for a sales center in a temporary structure
shall be issued initially for a period of three years and may be
renewed annually based upon demonstration of need.
A temporaD' use permit for a sales center in a permanent structure
which is a residential dwelling unit shall be issued initially for a
period of three years. Extensions in excess of this period shall
require submittal and approval of a conditional use petition in
accordance with section 2.7.4.
C~
A temporaD' use permit for a sales center in a permanent structure
other than a residential dwelling unit shall be issued initially tbr a
period of three years and mav be renewed annually on
demonstration of need.
Temporary. use permits for model homes or model sales centers to be
located within a proposed single-family er mt:Itl family development prior
to final plat approval may be requested by the applicant and require I)
administrative approval of a plat and construction plans showing all
required infrastructure for the lotl s) on which the model home or model
sales center is located, and 2) a site development plan {SDP) pursuant to
division 3.3. subject to the following:
A maximum of five models or a number corresponding to ten
percent of the total number of platted lots. whichever is lesser, per
platted, approved development shall be permitted ":*~':-
........ ,4 a .... ~ ...... prior to final plat approval as specified
~ above.
(b)
The applicant shall provide documentation that all required utilities
will be available to the subject site. and. xvhere required, shall
depict such utilities in detail on the site development plan.
tc)
The parcels on which the models are located must abut a privately
owned and maintained road. temporary in nature or permanently
constructed to Collier County roadway standards.
(d)
The boundaries depicted on the preliminau subdivision plat shall
be depicted on the site development plan in o
s J,'Uq 0 5 2000
compliance with the applicable development standards in effect on
the subject property.
(e)
Final lot grading and drainage conveyance shall be in contbrmance
with the master grading plan for the project as depicted on the
preliminar?.' subdivision plat submittal documents.
Temporary use permits for model units or units used for sales centers in
multi-family projects will not be issued prior to plat recordation and final
approval of the proiect Site Development Plan.
All other temporary, use requests for model homes shall require the
submission of a conceptual plan which demonstrates that provisions will
be made to adequately address the requirements of section 2.6.33.2.
Temporary. use permits Ibr a model sales center within an existing
subdivision shall require a site plan as follows: in the case of a permanent
structure which is a dwelling unit. a Site Improvement Plan (SIP) per
section 3.3.8.4.: in the case of a permanent structure which is other than a
dwelling unit. a Site Development Plan (SDP): in the case of a temporary
structure (mobile home or sales trailer), either a Conceptual Site Plan
(CSP) which addresses the requirements of section 2.6.33.2., or a Site
Improvement Plan. depending on the extent of the work required.
Temporary use permits for model homes to be located within a proposed
single-family,,~ ..... ..,....l'~------:~'~--:~" development mav. be approved following
administrative approval of a plat and construction drawings for all required
infrastructure encompassing the lots' on which the models are to be
constructed pursuant to division 3.2, and a Conceptual Site Plan which
addresses the requirements of section 2.6.33.2. Unoccupied (dry.) model
homes will be permitted only in conjunction with an approved SDP for a
model sales center which provides adequate parking to support the
model(s).
Temporary use permits lbr occupied (wet) model homes following
subdivision shall require a Conceptual Site Plan which addresses the
requirements of section 2.6.33.2. Temporary use permits for unoccupied
model homes following subdivision shall require a Conceptual Site Plan
and shall be issued only in conjunction with an approved Site
Development Plan or Site Improvement Plan for a model sales center
which provides adequate parking to support the model(s).
2.6.33.4.LDC AMENDMENT/RG/md
ITEM
JAN 0 5 2000
ORIGIN: Current Planning Section
AUTHOR:
Donald J. Murray, AICP, Principal Planner
DEP)dtTMENT: Planning Services
LDC SECTION: 2.6.35
LDC PAGES:
LDC2:214-226
CHANGE: Amend Section 2.6.35 of the LDC to: provide a one time height bonus to allow an
extension of a tower's height to provide additional sharing (collocation space) on existing and
nonconforming towers; to make allowances for easier acquisition and use of agricultural sites
within the urban designated area; to decrease the allowable maximum height of towers in
agricultural areas by decreasing the maximum height of towers permitted in agricultural areas
from 280 feet to 250 feet in height and reducing the required acreage fi.om 20 acres to 10 acres;
to require lighting of towers greater than 150 feet for the safety of the Collier Mosquito Control
District's spraying operations; to provide additional requirements for the submission of tower
site plans; to provide additional findings for variance and conditional use application findings of
fact, and; to make minor corrections to help update and clarify text.
REASON: These proposed amendments should help to eliminate some confusion as to what
is required for submission of applications associated with new towers and tower sites. They will
also help to reduce staff workload due to continually requesting additional information fi.om
applicants and having to explain what is needed for review. Additionally, they will help to clarify
certain needed requirements and to help update information as staff makes more future revisions
to Section 2.6.35.
The minor changes to text reflect corrections, such as using the Collier Mosquito Control
District's correct name, and breaking up long sections of text to make it easier to understand to
the reader. Future amendments will include reorganizing and regrouping some information and
subsections of text to make it easier to understand this section of the LDC.
The major proposed changes address the following:
Section 2.6.35.5.1 - Some towers are located in areas which limit additional towers, such as
conservation areas. By allowing a one time increase to a nonconforming tower's height,
additional antennas and equipment may be added, thereby reducing or slowing the need for
additional towers in an area, providing better telecommunications coverage, accommodating
other wireless providers' equipment, taking advantage' of an existing available structure, and
promoting competition. The idea is to confine as many antennas to an area or on a tower thus
slowing or preventing the need for additional towers. Most cities and counties provide a similar
allowance, within reason, and limit it to one change per tower or site. All other rules governing
increasing or changing nonconforming towers are still adhered to. Any proposed height increase
under this amendment and related changes cannot exceed 50 percent of the cost to replace the
existing
structure(s),
exceed an additional 30 feet or 20 percent of the
cannot
whichever is less, and cannot cause a noncolnformmg tower to become noncoloT~ ~!,.f~
exceeding any maximum height or separation requirements. Proof that the antenna(s) cannot be
accommodated on the subject tower by other means is also required.
Section 2.6.35.6.2 - Some agricultural areas in the urban designated area, which is a higher
demand area for cellular and PCS phone technology are less than 20 acres in size, and are near
commercial and industrial areas. These sites should probably be utilized for towers only when
they can be used without major impact to residential areas. By treating placement of
telecommumcations towers in agricultural areas located within the urban designated area
similarly to those placed in commercial and industrial areas, the same objectives may be
accomplished, such as limiting towers to areas of greater impact. By placing urban agricultural
areas in the same permitted category as commercial (moving its reference from subparagraph
number 2 to subparagraph number 1 of the subsection), the towers can be limited to 185 feet in
height and restricted to a separation from the tower to adjoining residential property, lines by a
distance of 2 Vz times the tower height. Currently, towers allowed on agricultural sites can have
heights up to 200 feet and still have to meet the same separation requirements. The existing 20
acre minimum rule for towers located in agricultural areas (Section 2.6.35.6.2.4) will not apply to
towers under 280 feet in height whereby this proposed change will help to limit placement of
towers in the agricultural districts and will help to make them more conforming to the towers
found in Commercial and industrial districts nearby.
Section 2.6.35.6.12 Tower lighting is normally regulated by the Federal Aviation
Administration (FAA) and is required on towers xvith heights greater than 200 feet. This
requirement is more associated with general aircrait and airports, but the Collier Mosquito
Control District (CCMD) has requested that any tower that equals or exceeds 150 feet in height
be lighted for the safety of their flight personnel when they fly their aircraft for mosquito control
spraying at low altitudes at night. Given that some towers may be in more secure areas, the
proposed amendment language would allow the CMCD the ability to exempt some towers when
it is proven that there is no problem.
Section 2.6.35.6.17 - Site Plans are required of any application for towers, but the required
information does not take into account the uniqueness of towers and their possible impact. The
proposed additional requirements to site plan submittals xvill provide more information up fi'ont
and will save staff time when conducting reviews, or when seeking advice from the State
Division of Wireless. This amendment just clarifies what staff needs to conduct site development
plan reviews.
Section 2.6.35.6.26 This amendment will require additional findings for variance and
conditional use applications and will help to provide a more solid decision base for approving or
denying applications. It is also information that staff uses when seeking assistance from staff at
the Florida Division of Wireless. It will require that the wireless providers do their homework
much better and will help to eliminate some guessing as to the appropriateness of one proposed
site versus another proposed site.
FISCAL & OPERATIONAL IMPACTS:
RELATED CODES OR REGULATIONS:
None.
None.
2
2.6.35.1.
2.6.35.5.1.
Purpose and intent. This section applies to specified communication towers that
support any antenna designed to receive or transmit electromagnetic energy, such
as but not limited to telephone, television, radio or microwave transmissions. This
section sets standards for construction and facilities siting; is to minimize where
applicable adverse visual impacts of towers and antennas through careful design,
siting and vegetation screening; to avoid potential damage to adjacent properties
from tower failure; to maximize the use of specified new communication towers
and thereby to minimize need to construct new towers; to maximize the shared
use of specified tower sites to minimize the need for additional tower sites; and to
consider the concerns of the Collier Mosquito Control District Ccu::,~'
ccn~e! ~i:~ct as to low flying mosquito control aircraft safety.
Shared use plans. Each shared use plan shall be in a standard format that has been
approved by the County_ Administrator zm:'n.~' .-r..--'.xger. Each ~hared use plan
shall specify, in detail to what extent there exists tower and/or site capacity to
accommodate additional antennas and/or additional towers, ancillary equipment
and accessory uses. Available antenna capacity on a tower shall be stated in
detailed clearly understandable terms, and may be stated in equivalent flat plate
area and total additional available transmission line capacity. The tower owner (as
to tower shared use plans) and the landowner (as to site shared use plans) shall
update its respective approved shared use plans by promptly filing pertinent
update information with the county manager. Owners of old towers and/or old
sites may file shared use plans in accord with this section.
Reservation of capacity. If an applicant for a shared use tower does not
plan to install all of its proposed antennas during initial construction of the
tower, the applicant must specify the planned schedule of installing such
later added antennas as part of the shared use plan. An applicant cannot
indefinitely prevent the use of unused available antenna space on a tower
by reserving to itself such space. No available space can be reserved for
the owner or anyone else unless approved in the shared use plan. If an
antenna is not installed by the scheduled deadline, the reserved space shall
automatically be rendered available for use by others unless the shared use
plan has by the deadline been amended with the approval of the county
manager. Deadlines may be extended even if the tower is a nonconforming
structure. If space has been reserved in a shared use plan for future
additional antenna use by the tower owner and it becomes clear that such
space will not be utilized by the owner, the shared use plan shall be
amended promptly to reflect the availability of such space.
Protection of nonconformi~.. As an incentive to promote
shared use plans, old towers, whether or not conforming, and
Reservation of site capacity. The policy stated above applies also to
additional tower space on an approved tower site to prevent indefinite
reservation of available site space.
and/or tower sites that are conforming at the date of approval of the initial
shared use plan and~or any amendment thereto may proceed in accordance
with the approved plan irrespective of the fact that the tower and/or tower
site is then nonconforming. The intent of this provision is to grandfather
towers and/or new tower sites against a nonconforming status to the extent
that future capacity, including accessory structures, is provided for in the
shared use plan. If the initial shared use plan or amendment to a shared use
plan requires approval of the board of county commissioners and it
appears that the site is threatened to become nonconforming for the
intended use, the pending nonconformity will be a material element in
deciding whether to approve or deny the application for the shared use
plan or amendment.
Notwithstanding anything to the contrary in any Collier County ordinance,
any then nonconforming tower that is destroyed by any means to an extent
of more than 50 percent of its actual replacement cost at the time of
destruction, as determined by a cost estimate submitted to the zoning
director, shall not be reconstructed or repaired without conditional use
approval.
Notwithstanding anything to the contrary in any Collier County ordinance,
including any provision, of division 1.8 of the land development code, a
nonconforming tower and/or accessory structures may be voluntarily
reconstructed in any zoning district at its site subject to the conditional use
procedures of the land development code provided such reconstruction
complies with section 1.8.3.1. The extended useful life of the tower and/or
accessory structures that will result from reconstruction shall not be
construed to be an enlargement, intensification, increase or extension of
the nonconforming use. After nonconforming facilities and/or accessory
structures are reconstructed under conditional use authorization, such
facilities and/or accessory structures shall be deemed to have a conditional
use permit under section 1.8.8 of the land development code.
Height bonus _for sharing. Notwithstanding anything to the contrary in any
Collier County ordinance, any existing conforming or nonconforming
tower may be permitted a onetime increase in height, provided:
ao
Any such increase in height does not exceed 30 feet or 20 percent
of the height of the existing tower, whichever is less;
The cost of such increase in height does not exceed 50 percent of
the actual replacement cost of the tower at the time of the
application;
Co
A shared use plan covering the tower with the increased height is
first approved by the County Administrator;
JAN 0 5 ~.~00
2.6.35.6.2.
7~4,.
The increase does not cause the proposed tower to exceed any
required maximum height requirement for towers or make a legally
conforming tower become nonconforming;
Substantiated proof that such proposed antenna(s) may not be
placed on the existing tower bv relocating or adjusting existing
antennas and equipment shall be submitted by an appropriate
professional engineer certified to practice in the State of Florida.
A site development plan shall be submitted for review and
approval if an increase in tower height requires placement off or
addition to, an antenna equipment building or support building.
Filing shared use plans. Each approved shared use plan shall be filed and
recorded in the office of the Collier County clerk of courts prior to any site
development plan approval. A copy of the initial shared use plan shall be
filed with and approved by the county manager prior to conditional use
approval.
8.j.
Shared use plans for old towers and old tower sites. Initial shared use
plans and amendments for old towers require approval of the county
manager. Initial shared use plans and amendments for old tower sites
require approval of the board of county commissioners, except where an
amendment reduces site and/or antenna capacity.
Permitted ground-mounted towers. Towers not exceeding the stated maximum
heights are a permitted use subject to other applicable provisions of this section,
including separate requirements and shared use provisions. Towers that exceed
those specified maximum heights require variance approval.
All commercial and industrial zoning districts and urban designated area
agricultural zoning districts: Any tower up to 75 feet in height is a
permitted use subject to minimum yard requirements. Any tower that
exceeds 75 feet in height up to a height of 185 feet is a lawful use only if
permitted or othenvise provided in the respective zoning district and the
base of such tower is separated from the nearest boundary of any parcel of
land zoned RSF-1 through RSF-6, RMF-6, E, RMF-12, RMF-16, RT, VR,
MH, TTRVC, or PUD zoning of six residential dwelling units or less, by a
minimum distance in feet determined by multiplying the height of the
tower (in feet) by a factor of 2.5. (The minimum separation distance is 2
1/2 times the height of the tower.) Towers which do not meet the
separation requirement may apply for a variance in accordance with
section 2.7.5.
JAN 0 5 2000
Pg.
Agricultural zoning districts within the rural designated area: Towers not
exceeding 229 250 feet.
3~4,.
All agricultural zoning districts: No tower that exceeds 250 2~9 feet in
height exclusive of any antenna affixed thereto shall be allowed on any
site comprising less than 10 _2-0 acres under common ownership or control
except such towers can be approved as a conditional use on sites of less
than 10 gO acres if **'~ * ...... is '" ko ~.~.,~a ;~ ,~. ....... ~ ..... ~-,k~
....... -~ -; .... '~ the applicant cannot with economic feasibility acquire
title to or control of a suitable tower site of at least 10 Llg acres in the
required geographic vicinity of the proposed tower site.
2.6.35.6.6.
With the exception of rooftop towers and towers on essential services sites, each
new communication tower shall meet the following separation requirements:
Each new tower that exceeds 185 feet in height shall be located not less
than 2.5 times the height of the tower at least 1,000 feet from all RSF-1
through RSF-6, and RMF-6 zoning districts including planned unit
developments (PUDs) where the adjacent use(s) is/are, or_comparable to,
RSFol through RSFo6 and RMF-6 zoning districts. If a part of a PUD is
not developed and it is inconclusive whether the part of a PUD area within
such minimum separation distance from the proposed tower site may be
developed with a density of six units per acre or less, it shall be presumed
that the PUD area nearest to the proposed site will be developed at the
lowest density possible under the respective PUD.
In addition, each such new tower that exceeds a height of seventy-five (75)
feet excluding antennas, shall be separated from all boundaries of
surrounding property zoned RMF-12, RMF-16, E, RT, VR, MH, TTRVC,
H, and the_residential areas of PUDs with existing or planned densities
greater than six units per acre by not less than the total height of the tower
including its antennas; and from all other surrounding property
boundaries by a distance not less than one-half the height of the tower and
its antennas, or the tower's certified collapse area, whichever is greater.
2.6.35.6.30.
Controlling Law. Upon written application for exception(s) by the tower permit
applicant, citing to specific provision(s) of allegedly controlling law, staff shall, in.
writing, ~ant one or more specifically articulated exceptio
requirements herein, but only to the extent, in the opinion of the Cot{
2.6.35.6.12.
each applied-for exception is mandated by application of such law(s) as then
applied to the specific tower site.
Tower Lighting. Towers and antennas with a height ._greater than 150 feet shall be
required to have red beacon or dual mode lights unless exempted in writing by the
Collier Mosquito Control District. Such lights shall meet the then existing Federal
Aviation Administration (FAA) technical standards. No other towers or antennas
shall be .x,rc ta'.'.'er aka!! be artificially lighted except as required by the FAA
Fe~era! Av;.at;.en A'~m;.:-2sta:aSen, the Federal Communications Commission, or
other applicable laws, ordinances or regulations. If the FAA rules require lighting,
then the applicant shall comply with such rules.
3.3:
2.6.35.6.17.
1
Site Plans.
Additional Requirements. All ne,,,,' telecommunication towers and facilities
shall require a scaled site plan in accordance with division 3.3 and the
following additional requirements as part of the building permit
application:
Elevation drawings of the proposed telecommunications tower or
alternative tower structure, other structures, type of construction,
and whether construction will accommodate sharing of additional
antennas for future users;
bo
Co
Separation distances from nearest platted and unplatted residential
properties and existing and/or proposed towers that are permitted
by Collier County, and all setbacks from adjacent properties and
ri.e3ts-of-way, and minimum separation distances as required;
Landscaping and bufferm~ plan showing specific
materials and method to maintain landscaoine:
d. Location and _type of fencing to be used;
e. Finished color, camouflaging, and illumination, if applicable;
Statement bv applicant certifying compliance with all applicable
federal, state, and local laws and requirements of the FCC and
FAA;
On-site land uses and zoning desi~ation(s);
h. Legal descriptions;
Identification of the entities providing the backhaul network for the
tower(s);
A description of the suitability of the use of existing towers and
other structures located xvithin the applicable search radius; and
A map of the proposed coverage area and a propagation study
contrasting the proposed tower and tower site versus use of other
tower structures and sites within the effective radius.
Amendments. Additional towers, tower sites, buildings and accessory
facilities on-site shall also require an amendment to the approved site plan.
3. Exemptions. The following are exempt from division 3.3:
ao
Ground-mounted amateur radio towers that do not exceed a height
of 75 feet excluding antennas;
Ground-mounted antennas and receive only dishes that do not
exceed a height of 20 feet above natural grade.
2.6.35.6.26.
Additional Findings_for Variance and Conditional Use Applications. In addition to
the findings for conditional use applications and variance applications as required
in Sections 2.7.4 and 2.7.5 of the LDC, the following additional findings shall be
made by the Collier County Planning Commission (CCPC) when considering
such applications:
The applicant must demonstrate that the telecommunications
tower/antenna must be located where it is to serve the company's system
and service area and that sharing capacity_ is unfeasible or unreasonable as
to existin~ towers. Evidence must be provided which considers the
following: ~
s JA 4 {3 5 2000
Proximity of all nearby tmvers located within the effective radius
and whether or not they provide sharing of facilities.
If true, existing telecommunications towers and structures located
within the effective radius are not of sufficient height for the
proposed tower's service area. Such evidence must be certified by
an appropriate professional engineer certified to practice in the
State of Florida.
c. Existing towers and structures located within the effective radius
are not of sufficient structural strength to support the applicant's
proposed antennas and related equipment. Such evidence must be
certified by an appropriate professional engineer certified to
practice in the State of Florida.
do
Sharing would cause electromagnetic interference with either the
applicant's communication system or with existing communication
systems. Such evidence must be certified by an appropriate
professional engineer certified to practice in the State of Florida.
eo
Costs to share an existing tower or structure or to adapt an existing
tower or structure for sharing are unreasonable. Fees and costs
which exceed the costs to design and construct a new
telecommunications tower shall be presumed to be unreasonable.
If applicable, other limiting factors, including but not limited to
natural and man-made environmental limitations.
Required Certification. The applicant shall provide certification by a
professional engineer that the proposed telecommunications tower or
alternative tower structure is designed in accordance with the standards
specified in this article and those incorporated by reference into this
article, and that in case of collapse the telecommunications tower or
alternative tower structure will be contained on the parcel or site, and that
no structure other than those in direct support to the operations of the
telecommunications tower or alternative tower structure shall be located
within the fall zone.
Compliance with Aviation Regulations. The applicant must demonstrate
that the proposed tower complies with all state and federal laws and
regulations concerning aviation safety, including Part 77 of the Federal
Aviation Regulations and Part 17 of the FCC Regulations, and if planned
to exceed 150 feet in height above grade, has been submitted for review by
the Collier Mosquito Control District.
Evidence of Pursuing Use of Existing Towers and Tower
applicant must provide evidence of pursuing the use of exi~
9
towers,
JAN 0
2.6.35.6.27.
structures, and facilities within the effective radius as specified in Section
2.6.35.2. Evidence shall include written correspondence between the
applicant and owner/operator of other structures in the effective radius
including a request for space, the applicable rate structure for leasing, the
applicable radio frequency, structural requirements, and any existing FCC
limitations and other information as required in Section 2.6.35.3.
Comparison o_f proposed site versus use of existing sites within e_OCective
radius. The applicant will provide a map of the proposed coverage area
and a propagation study for the proposed telecommunications tower and
any existing or proposed towers and structures within the effective radius,
which may be used to facilitate the applicant's antenna(s) and equipment,
including the input data for those maps for comparison of both proposed
and existing towers, and any other technical parameter used; analyses
which include the type of equipment to be used and the structural loading
criteria used, and which address alternative scenarios, such as using an
existing tower or placin~ a tower elsewhere versus usine the proposed
tower and site.
The above requirements may be waived by staff if the applicant presents
good cause proving xvhv the respective requirement is not applicable or
such proof is irrelevant or superfluous to the specific application.
A copy of each application for a tower in excess of 299 150 feet in height shall be
supplied by the applicant to the Collier CcunD' mesquite :enTel d:.gtr'~2zt Mosquito
Control District or its successor in function.
2.6.35./DM/md
10
JAN 0 5 2GOD
ORIGIN: Community Development and Environmental Services Division
AUTHOR: Thomas Kuck. Engineering Review Manager. John Houldsxvorth. Senior Engineer
DEPARTMENT: Planning Services
LDC PAGE: LDC3:23
LDC SECTION: 3.2.6.5.3 (3)
CHANGE: To require applicant's professional engineer to supply subdivision improvement
plans on a computer disk in Auto CAD software format, or a similar format which is translatable
to Auto CAD. and acceptable to the development se~'ices director at the time of preliminary
acceptance of the subdivision improvements.
REASON: The Community Development and Environmental Services Division is in the
process of having thousands of sheets of record mylar drawings scanned to be saved in CD
tbrmat. This will decrease the amount of storage required for these drawings, and provide a
quick reference to the drawings. A disk received from the applicant's engineer is easier and
cheaper to transfer to CD than scanning a mylar drawing.
FISCAL & OPERATIONAL IMPACTS: The fiscal impact to the County will be reduced
fees to have record construction drawings converted to CD format.
RELATED CODES OR REGULATIONS: Division 3.2 Subdivisions
3.2.6.5.3 (3) Completion certificate, record improvement plans and supportive documents. The
required improvements shall not be considered complete until a statement of substantial
completion by the applicant's professional engineer of record along with the final development
records have been furnished to. reviewed and approved by the development services director for
compliance with this division. The applicant's professional engineer of record shall also furnish
one set of record improvement plans on a mylar or other similar acceptable material, with a
minimum of two mil thickness, and two sets of certified prints acceptable to the development
services director, showing the original design in comparison to the actual finished work. The
myalrs shall be labeled as record drawings on each sheet prior to printing of the required sets of
prints. The applicant's professional engineer shall also submit a computer disk containing the
drawing file in Auto CAD software format, or a similar format, which is translatable to Auto
CAD and acceptable to the planning services director. In addition, a copy of applicable
measurements, tests and reports made on the work and material during the progress of
construction must be furnished. The record construction data shall be certified by the applicant's
professional engineer and professional land surveyor and shall include but not be limited to the
following items which have been obtained through surx'eys performed on the completed required
improvements:
3.2.6.5.3 (3) LDC AMENDMENT/JH
ORIGIN: Community Development and Environmental Services Division
AUTHOR: Tom Kuck. Engineering Review Manager: John Houldsworth. Senior Engineer
DEPARTMENT: Planning Services
LDC PAGE: LDC3:I2
LDC SECTION: 3.2.4.11.5 (new)
CHANGE: Allowing for the utilization of "private easements" in Golden Gate Estates to
provide access and frontage for Tracts which are subdivided into two parcels, and would have
been able to use the perimeter easement (which will be vacated as of midnight, December 31,
1999) for these purposes.
REASON: Golden Gate Estates is primarily comprised of 5 acre Tracts which were originally
designed to be further subdivided in the future. The developer had recorded 30 toot perimeter
easements, and 60 tbot bisecting easements to allow the future subdivision of the Tracts. These
easements created a hardship tbr many residents who had constructed improvements within the
easement areas. The Florida Legislature passed a Special Act (House Bill 1173) which vacates
all those easements which are not in actual use as of December 31, 1999. By allowing the
creation of a private easement to serve as access and frontage to an otherwise landlocked Parcel,
the County will be relieving the property owner of platting the property in order to create access
and frontage for one Lot.
FISCAL & OPERATIONAL IMPACTS: There will be no Fiscal or Operational Impact to the
County.
RELATED CODES OR REGULATIONS: Division 3.2 Subdivisions
3.2.4.11.5 Golden Gate Estates Lot splits. When a five acre Parcel in Golden Gate Estates is
subdivided into two Lots, where one of the Lots is not on the existing right-of-way, the owner
may create an access easement to and through the parcel which is not on the rieht-of-way. The
easement must be at least 20 feet in width, and extend at least 150 feet into the otherwise
landlocked Lot. The easement shall provide for access to the Lot, and satisfy the frontage
requirement.
3.2.4.11.5 LDC AMENDMENT/JH
JAN 0 5 2200
The clem-in= ~n'~ filling ..........pro;':z:on ;~ ,;-;.~a ....
ORIGIN: Community Development & Environmental Services
AUTHOR: Stan Chrzanowski
DEPARTMENT: Planmng Services
LDC PAGE: 3:32.2 and 3:32.3
LDC SECTION: 3.2.8.3.6.
CHANGE: Reworking roles governing cleating land of land for proposed and approved
construction.
REASON: Existing roles are ambiguous and difficult to enforce.
FISCAL & OPERATIONAL IMPACTS: Sets penalties for cleating violations
RELATED CODES OR REGULATIONS: LDC - Division 3.5, Division 3.9
3.2.8.3.6.
3.2.8.3.6,
Clearing. _erading and filling: Clearing of woody vegetation requires
permits in Collier Coun _ty with the following exceptions:
1.
Lots with existing single family home other than Golden Gate
Estates lots may remov~ rlgrt-native and native woody vegetation
without permits unless specimen trees are involved. A minimum
number of required native trees shall be maintained per Section
2.4.6.1.
Permitted removal of yegetatiott;
1.
Subdivisions: Residential. commercial or industrial subdivisions.
upon approval of construction drawings for the entire project or'
any given phase, may clear for the construction of the
infrastructure within that phase. Road rights-of-way, and drainage
and utility_ easement may be cleared.
Water management areas requiring excavation permits may be
cleared upon issuance of the excavation permit, and required
separate vegetation removal permit has been obtained.
Individual single family lots or blocks of lots may not
unless a separate Vegetation Removal and Site Filling
(VRSFP) is obtained as per section 3.2.8.3.6.b.3..
cleared
,~it
JAN 0 5 2000
9
Site Development Plans (SDP's):
Commercial and Industrial: Approval of a commercial or
industrial SDP or SIP carries with it permission to clear for
all infrastructure improvements and for the building pad as
shown on the approved. SDP.
Residential SDP's: Approval of a residential SDP q:arries
with it permission to clear for infrastructure only. Clearing
and filling of building sites is not allowed unless a separate
Vegetation Removal and Site Filling Permit (VRSFP) is
obtaine~l as per section 3.2.8.3.6.b.3..
Vegetation Removal and Site Filling Permits (VPSFP):
A developer will be allowed to clear up to 25 acres of
residential, commercial, or industrial lots to store excess fill
generated by lake excavations within the PUD or project
where the excavation is being dug.
An approved SDP or an approved Plat must exist for the
parcel on,which the fill is to be stored.
The application to "clear and fill" to store excess fill must
be accompanied by a plan drawn on the approved SDP or
plat. showing the following:
the limits of each separate stockpile must be clearly
delineated and the area. height, cross section, and
volume of each individual stockpile must appear on
the drawing referenced to the stockpile. Slopes
must not be steeper than 4:1.
The _t)rpe of vegetation to be removed must be listed
The ~ource of the material (lake #) for each stock-
pile must be indicated on the drawing.
Clearing to store excess fill will be permitted in
maximum blocks of 25 acres at a time. When a 25
acres block is nearing capaci~, additiom 1 25 acre
blocks may be applied for.
JAN 0 5 2030
Pg. //.3
To allow for safety, during tree removal, if a developer
9wns contiguous single family lots. the trees on the single
family lots directly adjacent to a lot where a house is under
construction may be removed, if removal at a future date
may be a danger to life or property_. A VRSFP must be
_eranted prior to removal of these trees.
Revegetation: For VRSFP's within subdivisions, a
revegetation bond in the form of a Performance Bond.
Letter of Credit. or Cash Bond and in the amount of
$5.000.00 per acre must be posted.
When fill is used to bring building lots to desired
cgnstmction elevations, those lots shall immediately be
seeded, to prevent erosion and exotic seed infestation.
.~my stockpile in place for more than 6 months must be
sodded or hydroseeded. Failure to do so within 14 calendar
day~ Oflaotification by the County will result in a fine of
$10.00 per acre per day.
In the event that any portion of the stockpile is in place for
twQ years, the Coun _ty will order the fill to be removed and
the land to be revegetated.
The density_ and _t~.e of revegetation will closely match
nearby ecosystems, but on no account will be less than 64
trees per acre and associated mid story_ and ~oundcover.
3.2.8.3.6. LDC AMENDMENT/SC/md
5
ORIGIN: Planning Services Staff
AUTHOR: Thomas E. Kuck. P.E.. Engineering Review Manager/County Engineer
DEPARTMENT: Planning Services Department
LDC PAGE: 3:82
LDC SECTION: Section 3.4.7.1.4.
CHANGE: Provide additional language and requirements tbr pre-blast notifications
REASON: To provide written notification to surrounding property owners of proposed blasting
in their immediate area
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
3.4.7.1.4.
The applicant shall noti~' provide written notification to residents who
have not received a pre-blast inspection of the pending blast at least ~
ten days prior to the commencement of the initial blast. /he notification
brochure shall be mailed or placed on the front door of each individual
residence within the notification radius. A list of the notified addresses
shall be fumished the County.
Notification shall be distributed to all properties containing structures
xvithin a radius calculated for a scaled distance of 150 fee~, plus an
additional 50%.
The written notification shall describe the blasting which will take place.
its effect on the residents, their ability to obtain a pre-blast survey and how
to contact the user or his or her representative with any blast related
complaints or claims. Property owners shall be given a five-day window
to respond to the availability and their desire to obtain a pre-blast survey.
1.4. LDC AMENDMENT;YEIG'md
If blasting is suspended in an area for a period of 90 davs or longer, re-
notification of all residents within the radius calculated for a scaled
distance of 150 f-ee~ plus an additional 50% shall be accomplished at lest
seven days prior to the re-commencement of blasting. ~
AQF_NDA Il'EM
JAN 0 5
PJ.~
ORIGIN: Planning Services Staff
AUTHOR: Thomas E. Kuck. P.E.. Engineering Review Manager
DEPARTMENT: Planning Services Department
LDC PAGE: 3:85
LDC SECTION: Section 3.4.9.4.3 & 3.4.9.4.4
CHANGE: Provide blasting analysis by a defined seismologist. Provide analysis to the County
within 7 working days.
REASON: To obtain blasting analvsis from a third party recognized seismologist within a seven
day time frame.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
~.4.9.4.o.
3.4.9.4.4.
The results from the seismic instrument shall be provided to and analyzed by a
seismologist who shall sign the results of his analysis. The seismologist shall be
an individual or firm specializing in the measurement and evaluation of short-term
air and ground vibrations produced through detonation of explosives. The
seismologist shall have experience in instrumentation, explosives, and the effects
of vibration upon structures and a minimum of 5 years experience supervising
and/or monitoring the use of explosives.
All original records of the seismic analysis will be the property of the user but a
copy of the seismic results and/or analysis shall be furnished to the ~
ze:-:ices direct,or community development and environmental services
administrator or designee with full and complete and supporting data,, ...... _,v.,,,,~t'~"
intervals ar ap,on demand within 7 days from the date of actual blast.
34.94.3. & 3.4.9.44. LDC AMENDMENT,TEIOmd
JAN 05 2~0;) ~
~,~. //b .. i
CHANGE:
REASON:
land filling.
ORIGIN: Communitv Development & Environmental Service Division
AUTHOR: Michelle Edwards Arnold. Code Entbrcement Director
DEPARTMENT: Code Entbrcement
LDC PAGE: LDC3:126
LDC SECTION: 3.9.3
Addressing fill placed on improved properb'
To provide tbr the protection of native vegetation from destruction by excessive
FISCAL & OPERATIONAL IMPACTS: None ,
RELATED CODES OR REGULATIONS: Div. 3.9. Vegetation Removal. Protection and
Preservation
Section 3.9.3, Applicability: unlawful to remove or other~vise destroy, vegetation.
It shall be unlawful for any individual, firm. association, joint venture, partnership, estate, trust.
syndicate, fiduciary, corporation, group or unit of federal, state, county or municipal government
to remove, or ca'aze to 5e remaved, or otherwise destrov, vegetation, which includes placing of
additional fill, without first obtaining a vegetation removal or vegetation removal and fill permit
from the development services director except as hereinafter exempted.
3.9.3. LDC AMENDMENT/MEAJmd
A'GF_.N~ AIIT. M
JAN 0 5 2080
ORIGIN: Staff
AUTHOR: Michelle Edwards Amold. Code Enforcement Director
DEPARTMENT: Code Enforcement
LDC PAGE: LDC3:132.2
LDC SECTION: 3.9.6.4.1
CHANGE: Amend 3.9.6.4.1. relative to removal of vegetation not requiring a removal
and adding climbing fern air potato and lather leaf.
REASON: these are invasive exotics that and are encouraging their removal.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS:
fee
3.9.6.4.1.
A vegetation removal fee is not required to remove the following prohibited
exotic vegetation from developed property or from undeveloped property after a
vegetation removal permit has been issued.
({)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(~o)
Australian pine (Casuarina spp.).
Melaleuca (Melaleuca spp.).
Brazilian pepper (Schinus terebinthifolius).
Earleaf acacia (Acacia auriculiformis).
Catclaw mimose (Minosa pigra).
Java plum (Syzygium cumini).
Downy rosemyrtle (Rhodomyrms tomentosa).
Women's tongue (Albizia lebbeck).
Climbing fem (Lvgodium spp.).
Air potato (Dioscorea bulbifera).
Lather leaf (Colubrina asiatica).
3.9.6.4. I. LDC AMENDMENT/MEA/md
ORIGIN: Community Development & Environmental Service Division
AUTHOR: Michelle Edwards Arnold. Code Enforcement Director
DEPARTMENT: Code Enforcement
LDC PAGE: LDC3'140
LDC SECTION: 3.9.6.8
CHANGE: Add new Section addressing the penalty for unauthorized vegetation removal
REASON: The fee schedule for the to the Land Development Code (LDC) provides for an
after-the-fact environmental or landscape permit fee but the sections of the LDC pertaining to
vegetation removal is not clear as to whether those after-the-fact fees are intended to apply to
persons who remove vegetation without first obtaining required permits
FISCAL & OPERATIONAL IMPACTS: No operation impact. However. when offender to
the code are found there will be a specified penalty, tbr the violation.
RELATED CODES OR REGULATIONS: None
Section 3.9.6.8, Penalty.
The failure of a property_ owner or other person to obtain a required vegetation removal
permit, otherwise not exempted in section 3.9.6.4, shall be assessed an after-the-fact
environmental permit fee at 4 times the normal fee, pursuant to the Schedule of
Development Review and Buildine Code Permit Fees.
3.9.6.8/MEA/md
ORIGIN: Community Development & Environmental Services
AUTHOR: Chahram Badamtchian. Ph.D.. AICP
DEPARTMENT: Planning Services
LDC PAGE: LDC6:5-LDC6:67
LDC SECTION: 6.3.
CHANGE: To add new definitions for monument sign and beacon light.
REASON:
The proposed Sign Code amendment will allow "monument signs" and
prohibit "beacon lights". Therefore the LDC must contain proper definition
for those items.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
Amend Section 6:3 as follows:
Sign, Monument: a detached sign typically containing design elements such as a base,
columns, borders, topper or cap, and a sign cabinet occupying at least two third (2/3) of the
total sign area.
Beacon light: Any light with one or more beams capable of being directed in any direction
or directions, or capable of being revolved automatically, or having any part thereof
revolve automatically, or a fixed or flashing high intensity light; search light.
6.3 DEFINITIONS/CB/r~d
JAN ~ 5 2000
P~.~
ORIGIN: Community Development & Environmental Services
AUTHOR: Ross Gochenaur
DEPARTMENT: Planning Services
LDC PAGE: 5:49
LI)C SECTION: Div. 6.3 Definitions
CHANGE: Amend language to roadside sales.
REASON: The current definition of roadside sales is too broad to be meaningful.
FISCAL & OPERATIONAL IMPACTS: None
RELATED COl)ES OR REGULATIONS: None
Division 6.3.
Definitions
Roadside sales: the sale or display of perishable or non-erishable merchandise for
sale from any or nonfixed location, upon unimproved or improved property::
without a valid occupational license and, when applicable, temporary_ use permit.
t~.3 DEFINITIONS LDC AMENDMENT/RG/md
ORIGIN: Community Development & Environmental Services
AUTHOR: Ronald Nino
DEPARTMENT: Planning Services
LDC PAGE: LDC 6.49
LDC SECTION: 6.3
CHANGE: To add a definition of"Riparian Lines"
REASON: To support regulations specifically addressing relationship of docks to riparian lines.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
Division 6.3 Definitions
Riparian line: An imaginary line beginning at the point at which property lines
intersect the mean high water line of a waterway and continuing into the
waterway indefinitely. The purpose of the riparian line, as employed by this
Code. is to provide a point of reference from which to measure setbacks for
docking facilities.
63. LDC' AMENDMENT/RFN/md
I,U
U.I
Z
Z
U.I
,_11
~U
0
0
ul
LI.I
LI.I
LLJ
mmmm
ORDINANCE NO. 2000-
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS
AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT
CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION
ONE, RECITALS: SECTION TWO, FINDINGS OF FACT:
SECTION THREE, ADOPTION OF AMENDMENTS TO THE
LAND DEVELOPMENT CODE, MORE SPECIFICALLY
AMENDING THE FOLLOWING: ARTICLE 2, ZONING,
DIVISION 2.1. GENERAL; DIVISION 2.2. ZONING DISTRICTS,
PERMITTED 'USES, CONDITIONAL USES, DIMENSIONAL
STANDARDS, DIVISION 2.3. OFF-STREET PARKING AND
LOADING; DIVISION 2.4. LANDSCAPING AND BUFFERING;
DIVISION 2.5. SIGNS; DIVISION 2.6. SUPPLEMENTAL
DISTRICT REGULATIONS; ARTICLE 3, DIVISION 3.2.
SUBDIVISIONS; DIVISION 3.4. EXPLOSIVES; DIVISION 3.9.
VEGETATION REMOVAL, PROTECTION AND
PRESERVATION; ARTICLE 6, DIVISION 6.3. DEFINITIONS,
INCLUDING, BUT NOT LIMITED TO THE DEFINITIONS OF
MONUMENT SIGN, BEACON LIGHT, ROADSIDE SALES AND
RIPARIAN LINE; APPENDIX B, TYPICAL ROAD CROSS-
SECTIONS; SECTION FOUR, CONFLICT AND SEVERABILITY;
SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE
DATE.
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted
Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which has been
subsequently amended; and
WHEREAS, the LDC may not be amended more than two times in each calendar year pursuant to
Section 1.19.1., LDC; and
WHEREAS, this is the second amendment to the LDC, Ordinance 91-102, commencing in
calendar year 1999; and
WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 97-177
establishing local requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold
advertised public hearings on December 15, 1999 and January , 2000, and did take action
concerning these amendments to the LDC; and
WHEREAS, all applicable substantive and procedural requirements of the law have been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier
County, Florida, that:
SECTION ONE: RECITALS
The foregoing recitals are true and correct and incorporated by reference he~
forth.
Words --.':-..:ok LS.-v'.:'gh are deleted, words underlined are added.
1
....~
AC.-~A ITE~
SECTION TWO: FINDINGS OF FACT
The Board of County Commissioners of Collier County., Florida. hereby makes the following
findings of fact:
1. Collier County, pursuant to Sec. 163.3161, et s__ea., Fla. Stat., the Florida Local Government
Comprehensive Planning and Land Development Regulations Act (hereinatter the "Act"), is required to
prepare and adopt a Comprehensive Plan.
2. After adoption of the Comprehensive Plan, the Act and in particular Sec. 163-3202(1). Fla.
Stat., mandates that Collier County adopt land development regulations that are consistent with and
implement the adopted comprehensive plan.
3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and
enforcement by Collier County of land development regulations for the total unincorporated area shall be
bused on; be related to, and be a means of implementation for, the adopted Comprehensive Plan us
required by the Act.
4. Sec. 163.3194(1)(b), Fla. Stat., requires that all land development regulations enacted or
amended by Collier County be consistent with the adopted Comprehensive Plan, or element or portion
thereof, and any land development regulations existing at the time of adoption which are not consistent
with the adopted Comprehensive Plan,. or element or portion thereof, shall be amended so us to be
consistent.
5. Sec. 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the use of
innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan
(hereinafter the "Growth Management Plan" or "GMP") us its Comprehensive Plan pursuant to the
requirements of Sec. 1634.3161 et sea. Fla. Stat., and Rule 9J-5, F.A.C.
7. Sec. 163.3194(1)(a), Fla. Stat., mandates that after a Comprehensive Plan, or element or
portion thereof, hus been adopted in conformity with the Act, all development undertaken by, and all
actions taken in regard to development orders by, governmental agencies in regard to land covered by such
Comprehensive Plan or element or portion thereof shall be consistent with such Comprehensive Plan or
element or portion thereof.
8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land development
regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, in the
Comprehensive Plan and if it meets all other criteria enumerated by the local government.
9. Section 163.3194(3)(b). Fla. Stat., requires that a development approved or undertaken by
a local government shall be consistent with the Comprehensive Plan if the land uses, densities 'or
intensities, capacity or size, timing, and other uspects of development are compatible with, and further the
objectives, policies, land uses, densities or intensities in the Comprehensive Plan and if it meets all other
criteria enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier County Land Development Code,
which became effective on November 13, 1991 and may be amended twice annually.
11. Collier County finds that the Land Development Code is intended and necessary to
preserve and enhance the present advantages that exist in Collier County; encourage the most appropriate
use of land, water and resources, consistent with the public interest; overcome present handicaps; and deal
effectively with future problems that may result from the use and development of land within the total
unincorporated are of Collier County and it is intended that this Land Develo >ment Code preserve,
promote, protect, and improve the public health, safety, comfort, good order, app~
and general welfare of Collier County; prevent the overcrowding of land a4
concentration of population; facilitate the adequate and efficient provision of
sewerage schools, parks, recreational facilities, housing, and other requirements a
develop, utilize, and protect natural resources within the jurisdiction of Collier
Words :..m.:':_ :::.'egg:. are deleted, words underlined are added.
services, conserve.
human, environmental, social, and economic resources; and maintain through orderly growth and
development, the character and stability, of present and future land uses and development in Collier
County.
l 2. It is the intent of the Board of County Commissioners of Collier County. to implement the
Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan,
Chapter 125, Fla. Stat., and Chapter 163. Fla. Stat., and through these amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT
CODE
SUBSECTION 3.A AMENDMENTS TO DIVISION 2.1. GENERAL
Division 2.1, General, of Ordinance 91-102, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
DIVISION 2. I GENERAL
Sec. 2.1.15. Prohibited uses and structures
Any use or structure not specifically permitted in a zoning district as a permitted use,
conditional use or use allowed by reasonable implication shall be prohibited in such
zoning district, v~:4~ ~,~ ~,, ~ prc~A~kc~ :.n ~" ~:~ 4:0,4~, .... ~o~ a
Roadside sales shall be prohibited in all zoning districts. No temporary use permit or
license can be obtained for any type of roadside sale.
Subject to exceptions in Ordinance No. 76-11, as amended, the storage, display, or
sale of any items, services, materials, or products, whether finished or unfinished,
processed or natural, within public rights-of-way shall be prohibited.
Notwithstanding anything in Ordinance No. 76-11, as amended, or any other part of
the Collier County Code, in unincorporated Collier County no person shall be upon
or go upon any public road, when the road is open to vehicular traffic, for the
purpose of displaying any advertising to, or distributing any tangible thing or
soliciting any business, contribution or any other tangible thing from any occupant of
any motorized vehicle that is being operated on the public road. No person shall be
within four feet of any edge or such road for the purpose of distributing any tangible
thing or soliciting any business, contribution or any other tangible thing from any
occupant of any motorized vehicle being operated on the public road. As used in this
section, "road" means all public areas between two exterior most edges of all paved
and unpaved surfaces that are available and used for either travel of, or in the road
parking of, motorized vehicles. "Road" includes all medians in all such interior
areas, and includes shoulders. All roads, including roads that are separated by one or
more medians, have only two exterior edges. "Road" includes streets, highways and
other words that describe such facilities and no differentiations are imended.
The storage, display, or sale of any items, services, materials, or products whether
finished or unfinished, processed or natural, other than form within, or as part of the
normal operation of a permanent structure authorized by the Collier County land
development code shall only be allowed in accordance with section 2.6.33.
When the operating characteristics of a duty authorized business require the utilization of
shopping carts by customers provision shall be made for outside storage within corals as
iljustrated on a site development plan, and said shopping carts shall be collected at the close
of business each day and stored at the front of that business establishment. It shall be the
responsibility of the merchant to collect any and all shopping cans that stray from the
premises upon which they are intended to be utilized. A name-plate on a shopping cart
shall be prima-facia evidence of ownership.
Words ............ ~,,. are deleted, words underlined are added.
3
JAN 0 5
SUBSECTION 3.B. AMENDMENTS TO ZONING DISTRICTS, PERMITTED USES
CONDITIONAL USES, DIMENSIONAL STANDARD DIVISION
Division 2.2.. Zoning Districts. Permitted Uses. Conditional Uses. Dimensional
Standards, of Ordinance 91-102. as amended, the Collier County Land Development Code, is hereby
amended to read as follows:
Division 2.2. ZONING DISTRICTS, PERMITTED
DIMENSIONAL STANDARDS
See. 2.2.12 Commercial professional district
transitional district (C-l/T). '
2.2.12.4.3 Minimum yard requirements.
1.
USES, CONDITIONAL USES,
(C-l) and commercial professional
Frontyard 25 feet or one-half of the building height as measured
from each exterior wall. whichever is greater.
£earyard 15 feet or one-half of the building height as measured
from each exterior wall. whichever is greater.
Sec. 2.2.13 Commercial convenience district (C-2).
2.2.13.4.3 Minimum yard requirements.
1. Frontyard. 25 feet or one-half of the building height as measured
from each exterior wall, whichever is greater.
3. Rearyard. 15 feet or one-half of the building height as measured
from each exterior wall, whichever is greater.
See. 2.2.14. Commercial intermediate district (C-3).
2.2.14.2.1. Permitted uses.
1. Unless otherwise provided for in this section, all permitted uses of the C-2
commercial convenience district.
2. Apparel and accessory stores (groups 561 I--5699).
3. Auto and home supply stores (5531).
4. Automotive services (7549).
5. Business services (groups 7311, 7313, 7322--7338, 7361-~7379, 7384, 7389 except
auctioneefing service, field warehousing, bottle labeling, packaging and labeling,
salvaging of damaged merchandise, scrap steel cutting and slitting).
6. Eating places (5812 only). All establishments engaged in the retail sale of alcoholic
beverages for on-premise consumption are subject to locational requirements of
section 2.6. I0.
7. Food stores (groups 5411--5499).
8. General merchandise stores (groups 5311--5399).
9. Group care facilities (category I and II, except for homeless shelters); care units,
except for homeless shelters; nursing homes; assisted living facilities pursuant to §
Words ........... ~.. are deleted, words underlined are added.
4
AGENDA ITEM
JAN B §
400.402 F.S. and ch, 58A-5 F.A.C.: and continuing care retirement communities
pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26.
l 0. [Reserved.]
l 1. Home furniture, furnishing, and equipment stores (groups 5712-5736).
12. Libraries (8231).
13. Marinas (4493), subject to section 2.6.22.
14. Membership organizations (8611--8699).
15. Miscellaneous repair services (groups 7629-7631).
16. Miscellaneous retail (groups 5912-5963 except pawnshops and building materials,
5992--5999 except auction rooms).
17. Museums and art galleries (8412).
18. Nondepository credit institutions (groups 6111--6163).
19. Paint. glass and wallpaper stores (5231).
20. Personal services (groups 7211, 7212, 7215, 7216 nonindustrial dry cleaning only,
7221--725 I, 729 l).
21. Public administration (groups 9111--9199, 9229, 9311,9411--9451, 9511--9532,
9611--9661).
22. Retail nurseries, lawn and garden supply stores (5261).
23. Veterinary' services (groups 0742, 0752 excluding outside kenneling).
24. Videotape rental (7841).
25. United States Postal Service (4311 except major distribution centers).
26. Any use which was permissible under the prior GRC zoning district and which was
lawfully existing prior to the adoption of this code.
27. Any other general commercial use which is comparable in nature with the foregoing
uses including buildings for retail, service and office purposes consistent with the
permitted uses and purpose and intent statement of the district.
2.2.14.4.3 Minimum yard requirements.
1. Front yard. 25 feet or one-half of the building height as measured
from each exterior wall, whichever is greater.
3. Rearyard. 15 feet or one-half of the building height as measured
from each exterior wall, whichever is greater.
Sec. 2.2.15. General commercial district (C-4)
2.2.15.4.3 Minimum yard requirements.
1, Frontyard. 25 feet [~l'~:: one foot for eaz~ one fo~t
~c:.ght o:'cr 50 fzct or one-half of the building height as measured
from each exterior wall, whichever is greater.
Words :t."~zk :.".rzxgk are deleted, words underlined are added.
5
Rear yard. 15 feet or one-half of the building height as measured
from each exterior wall. whichever is greater.
Sec. 2.2.15¼. Heavy commercial district (C-5).
2.2.15-1/2.4.3 Minimum yard requirements.
Front yard. 25 feet, plug ,.'x: c^~, c^. :ac~ c~^, cf b::il~'.'ng ~:~' rn c~,
one-half of the building height as measured from each exterior wall, whichever is
greater.
Rearyard. Zero feet or five feet or one-half of the buildin~ height as measured
from each exterior wall, whichever is greater.
Sec. 2.2.16. Industrial district (I).
2.2,16.1. Purpose and intent. The purpose and intent of the industrial district (I) is to provide lands
for manufacturing, processing, storage and warehousing, wholesaling, and distribution.
Service and commercial activities that are related to support manufacturing, processing,
storage and warehousing, wholesaling, and distribution activities, as well as commercial
uses relating to automotive repair and heavy equipment sales and repair are also
permissible in the I district. The I district corresponds to and implements the industrial
land use designation on the future land use map of the Collier County growth
management plan,
2.2.16.2.1. Permitted uses.
Agricultural services (groups 071 I, except that chemical treatment of
soil for crops, fertilizer application for crops and lime spreading for
crops shall be a minimum of 500 feet from a residential zoning
district, 0721, except that aerial dusting and spraying, disease control
for crops, spraying crops, dusting crops, and insect control for crops
(with or without fertilizing) shall be a minimum of 500 feet from a
residential zoning district, 0722-0724, 0761, 0782, 0783).
2. Apparel and other finished products (groups 2311-2399).
3. Automotive repair, service, and parking (groups 7513-7549).
4. Building construction (groups 1521-1542).
5. Barber shops (group 7241).
6. Building construction (groups 1521-1542).
Business services (groups 7312. 7313, 7319, 7334-7336, 7342-7389,
including auction rooms (5999), subject to parking and landscaping
for retail use).
Communications (groups 4812-4899 including communications
towers up to specified heights, subject to section 2.6.35).
9. Constructiono-Special trade contractors (groups 1711-1799).
.IAN
10. Depository and nondepository institutions (groups 6011-6163).
1 I. Eating places (5812).
12. Educational services (8243--8249).
13. Electronic and other electrical equipment (groups 3612--3699).
Words :,.':".::k :.".re::g.". are deleted, words underlined are added.
6
AGENDA ITF_.~
JAN 0 5 2000
31_.._:.~0:.
32_~g4z..
33.._:.3,~.
34._:.~3z_.
35__:~4z..
37__:M~.
14. Engineering, accounting, research, management and related services
(groups 87l 1--8748).
15. Fabricated metal products (groups 3411--3479, 3491--3499).
16. Food and kindred products (groups 2011--2099 except slaughtering
plants).
17. Furniture and fixtures (groups 2511-2599).
18. Gunsmith shops (group 7699) with accessory shooting range for
testing and training except for outdoor shooting ranges.
19. Heaw construction (groups 1611--1629).
20. Health services (8011 accessory to industrial activities conducted on-
site only).
21. Industrial and commercial machinery and computer equipment
(3511--3599).
22. Leather and leather products (groups 3131--31993.
23. Local and suburban transit (groups 4111--4173).
24. Lumber and wood products (groups 2426, 2431--2499).
25. Measuring, analyzing, and controlling instruments; photographic,
medical and optical goods; watches and clocks (groups 3812--3873).
26. Membership organizations (groups 8611,8631).
27. Miscellaneous manufacturing industries (groups 391 l--3999).
28. Miscellaneous repair services (groups 7622-7699) ~fith no associated
retail sales.
29. Motor freight transportation and warehousing (groups 4212,
4213--4225, 4226 except oil and gas storage, and petroleum and
chemical bulk stations).
30. Outdoor storage yards pursuant to the requirements of section
2.2.15V2.6.
Paper and allied products (2621--2679).
Personal services (groups 7211-7219).
Physical fitness facilities (799 I).
Printing, publishing and allied industries (groups 2711--2796).
Railroad transportation (4011,4013).
Real estate brokers and appraisers (6531).
Rubber and miscellaneous plastics products (groups 3021, 3052,
3053).
Words c...:.,::.l: tk.-:::gh are deleted, words underlined are added.
7
__38-;3'7~. Stone. clay,, glass, and concrete products (groups a2_1.3251,' ' 3253,
3255--3273,3275,3281).
39__.~.S~. Textile mill products (groups 2211--2221, 2241--2259. 2273-2289,
2297,2298).
40___:S~..Transponation equipment (groups 3714, 3716, 3731. 3732, 3751,
3761,3764,3769,3792,3799).
41.~4~. Transportation by air (groups 4512-4581 except airports and flying
fields).
42.~4-t~. Transportation services (groups 472! ~724-4783, 4789 except
tockyards).
43._~.4~.. United States Postal Service (4311).
44.43,. Welding repair (7692).
45__:44= Wholesale trade--durable goods (groups 5012--5014. 5021--5049,
5063--5092,5094--5099).
4__64-5
Wholesale trade--nondurable goods (groups 5111--5159. 5181, 5182,
5191 except that wholesale distribution of chemicals, fertilizers,
insecticides, and pesticides shall be a minimum of 500 feet from a
residential zoning district (5192--5199).
47.__~.46:.
Any other use which is comparable in nature with the foregoing uses
and is otherwise clearly consistent with the intent and purpose
statement of the district.
Sec. 2.2.28. Immokalee Overlay District
IMMOKAL.~E ~-~r. Rl~¥ DISTRICT
~$~E
ITEM
JAN O 5
Delete this Map
Words :~-':k '.~.rc"g.5 are deleted, words underlined are added.
8
AGENDA ITEM
JAN [l
Map I
S.R. 29 COMMERCIAL OVERLAY I{UB-DISTFUC'T {SR2gCOSD!
Delete this Map
Words :~-':k '-".reagh are deleted, words underlined are added.
9
Map 2
S.R. 2g COMMERCIAL OVERLAY SUBDISTRICT (SR29COSD!
2.2.2~.7.4.
alcng
scutherly tc tbs centerlin= cf Cc]cradc ,&venus, t~en e~terly tc the centcrline
the ccnterline cf Dclaw-~e Avenue, then westerly to the scuthem extension cf
Words .c_-n:zk '.?.rcug.~. are deleted, words underlined are added.
10
.... 28.7.4. Boundaries o( the district. The physical limits of the Immokalee central
business district (ICBSD) are as shown on the official zoning atlas map of
the subject area. and on the map below:
Map 6
JAN O 5
IMMOKAt. EE CENTRAL BUSINESS OVERt. AY SUBDISTRICT
2.2.28.8
Main street overlay subdistrict:
Main Street Overlay Subdistrict: special conditions for the properties
identified in the Immokalee Area Master Plan; referenced on Map 7; and
further identified by the designation "MSOSD" on the applicable official
Collier County Zoning Atlas Maps.
MAIN STREET OVERLAY SUBDISTRICT
Map 7
Words c.,'r.:'gk :~rexg.~. are deleted, words underlined are added.
Il
2.2.28.8.1
Purpose and intent. The purpose of this designation is to encourage
development and redevelopment by enhancing and beautifying the downtown
Main Street area through flexible design and development standards.
2.2.28.8.2
Applicabilim These Regulations shall apply to the Main Street Overlay
Subdistrict as identified on Map 7 and further identified bv the designation
"MSOSD" on the applicable official Collier CounW zoning atlas maps.
2.2.28.8.3
Permitted uses. For all properties within the Main Street Overlay Subdistrict,
except for properties hatched as indicated on map 7, the Main Street Overlay
Subdistrict, all permitted uses within the underlying zoning districts
contained within this subdiswict, and the following uses are permitted as of
fight in this subdistrict:
Hotels and motels (group 7011).
JAN 0 5
~ovU
2.2.28.8.4
2.2.28.8.5
Permitted uses. For hatched properties within the Main Street Overlay
Subdistrict, all permitted uses within the underlying zoning districts
contained within this subdistrict, and the following uses are permitted as of
right in this subdistfict:
All uses permitted in the Commercial Professional District
(C-I), of this code, except for group (7521).
Prohibited uses. Ali uses prohibited within the underlying residential and
commercial zoning districts contained within this subdistrict, and the
following uses, shall be prohibited in the Main Street Overlay Subdistrict:
Automobile parking (group 7521) on all properties having frontage on
Main Street, North First Street, South First Street and North 9t~ Street
within the Main Street Overlay Subdistrict.
Automotive dealers (groups 551 l, 5521, 5531 installation,
5551,5561,5571,5571,5599) on ail properties having frontage on
Main Street, North First Street and South First Street within the Main
Street Overlay Subdistrict.
Gasoline service stations (group 5541) on all properties having
frontage on Main Street and gasoline service stations (group 5541
with services and repairs as described in section 2.6.28) are prohibited
on all properties having frontage on North First Street and South First
Street within the Main Street Overlay Subdistrict.
Primary uses such as convenience stores and grocery stores are
prohibited from servicing and repairing vehicles in conjunction with
the sale of gasoline, on all properties having frontage on Main Street,
North First Street and South First Street within the Main Street
5,_2_.
Overlay Subdistrict.
Automotive repair, services, parking (groups 7514, 7515, 7521) and
carwashes (group 7542) on all properties having frontage on Main
Street, North First Street and South First Street within the Main Street
Overlay Subdistrict.
Radio and television repair shops (group 7622 automotive) is
prohibited on all properties having frontage on Main Street, North
First Street and South First Street within the Main Street Overlay
Subdistrict.
Outdoor storage yards and outdoor storage are prohibited within any
front, side or rear yard on all properties within the Main Street
Overlay Subdistrict.
Words :m:zk :bre-g-~. are deleted, words underlined are added.
12
Drive-through areas shall be prohibited on all properties havin~
frontage on Main Street, North First Street and South First Street
within the Main Street Overlay Subdistrict.
Warehousin~ (eroup 4225)
Any other heavy commercial use which is comparable in nature with
the forgoing uses and is deemed inconsistent by the Development
Services Director with the intent of this subdistrict shall be prohibited.
2.2.28.8.6 Accessor3, uses.
Uses and structures that are accessory and incidental to the permitted
uses as of fight in the underlying zoning districts contained within this
subdistfict and are not otherwise prohibited by this subdistrict.
2.2.28.8.7 Conditional uses.
Uses permitted in the underlying zoning districts contained within this
subdistrict, subject to the standards and procedures established in
section 2.7.4. and as set forth below:
A_.~. Local and suburban passenger transportation (groups 4131
4173) located upon commercially zoned properties within the
Main Street Overlay Subdistfict.
2.2.28.8.8 Outdoor display and sale of merchandise.
Outdoor display and sale of merchandise, within the front and side
yards on improved properties, are permitted subject to the following
provisions:
A_~. The outdoor display/sale of merchandise is limited to the sale
of comparable merchandise sold on the premises and as
indicated on the proprietors' occupational license.
B_~. The outdoor display/sale of merchandise is permitted on
improved commercially zoned properties and is subject to the
submission of a site development plan that demonstrates that
provisions will be made to adequately address the following:
1_. Vehicular and pedestrian traffic safety measures.
2_. Location of sale/display of merchandise in relation to
parking areas.
3_. Fire protection measures.
4_. Limited hours of operation from dawn until dusk
2.2.28.8.9
Outdoor display and sale of memhandise within the sidewalk area only shall
be permitted in conjunction with "Main Street" approved vendor carts,
provided the applicant submit a site development plan which demonstrates
that provisions will be made to adequately addres~ the following:
1. Location of sale/display of merchandise in relation to road rights-of-
way;
2. Vendor carts are located on sidewalks that afford the applicant a five
foot clearance, for non-obstructed pedestrian traffic; and
Limited hours of operation from dawn until dusk.
Dimensional standards. Subject to the provisions of this code, for each respective
zonin~ district, except as set forth below:
AGEt~A ITEM
2.2.28.8.9.1
Yard requirements.
Maximum pard requirements.
1_. Front pard. 7 or 10 feet.
Side pard 0 - 10 feet.
Minimum pard requirements.
1_. Rear pard 0 or 5 feet.
o Abutting residential. 20 feet.
Words :~.:':k '..~.rc'.:'gk are deleted, words underlined are added.
13
2.2.28.8.9.2
Maximum height of structures.
1_. All structures shall be no more than 35 £eet in height, except that hotel/motel
uses shall be no more than 50 feet in height.
..... 8.8.10
Minimum off-street parking and off-street loading. As permitted by section 2.2.28.7.
standards for parking within the Immokalee Central Business District, and as set
forth below:
1_. Outdoor caf6 areas, shall be exempt from parking calculations.
Ail properties within the Main Street Overlay Subdistrict, having frontage on
Main Street, First Street or Ninth Street are required, by this subdistrict to
locate all parking areas in the rear yard and/or in side yards.
Signs.
As required in division 2.5., and as set forth below:
Projecting signs are permitted in addition to permitted signs provided such
signs do not exceed 6 square feet in size and are elevated to a minimum of 8
feet above any pedestrian way.
Sandwich boards are permitted, one per eating establishment, not to exceed 6
square feet in size and shall only be displayed during business hours.
2.2.28.8.12
Commercial design guidelines. Subject to the provisions of division 2.8.,
Architectural and Site Design Standards for Commercial Buildings and Proiects,
except as set forth below:
Properties having frontage on Main Street or First Street or Ninth Street are
required to locate their primary business entrance on that street. Parcels
fronting both Main Street and First Street or both Main Street and Ninth
Street are required to locate their primary business entrance on Main Street.
Reflective or darkly tinted glass is prohibited on ground floor windows.
Properties with less than 50 feet of road frontage shall only require a
minimum of one roof change.
Commercial projects 5.000 square feet in size or less shall only require a
minimum of two design features, as described within section 2.8.4.4.6 of this
code.
To encourage redevelopment within the Main Street Overlay Subdistrict, for
proposed redevelopment of existing projects that do not increase impervious
surface area and whose total building area is less than or equal to 5,000
square feet in size, the applicant shall be exempt from section 2.4.3.1. of the
landscaping and buffering provisions, requiring the seal of a landscape
architect and shall also be exempt from division 2.8, Architectural and Site
Design Standards and Guidelines for Commercial Buildings and Projects,
requiring the seal of an architect.
The minimum commercial design criteria, as set forth above, is not applicable
to projects greater than 5,000 square feet in size.
2.2.28.8.13
Landscaping and buffering. Subject to provisions of division 2.4, of this Code,
except as set forth below:
AGF. h~A ITTM
To encourage redevelopment, the following landscape criteria shall apply to
all commercially zoned properties and those residential properties with
permitted commercial uses, except where otherwise prohibited by this
.subdistrict:
a. properties adjacent to residentially zoned lots/parcels shall provide a
minimum 10 foot wide landscape buffer 6 feet in height with trees
spaced no more than 25 feet on center;
b. a minimum perimeter buffer of 5 feet in width, with a single row
hedge with trees spaced no more than 30 feet on center, shall be
required for all properties;
c. a minimum 5 foot buffer, with at least two trees on each parcel, shall
· be required adiacent to all fights-of-way;
Words :~.::k t.~.ra::g?, are deleted, words underlined are added.
14
lots/parcels that are unable to meet the above minimum landscape
criteria, shall be required to provide landscape planters and/or flower
boxes for each such property, as recommended by the county
landscape architect or county planning director; and
the minimum landscape buffering criteria, as set forth above, are not
applicable to commercial projects greater than 5,0.00 square feet in
size.
SUBSECTION 3.C. AMENDMENTS TO OFF-STREET PARKING AND LOADING DIVISION
Division 2.3., Off-Street Parking and Loading, of Ordinance 91-102, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
DIVISION 2.3. OFF-STREET PARKING AND LOADING
Sec. 2.3.3. General applicability.
A~A iT~
JAN
Sec. 2.3.4.
2.3.4.1.
2.3.4.2.
2.3.4.3.
2.3.4.4.
2.3.4.11.
Off-street vehicular facilities: design standards.
Off-street parking facilities and other vehicular facilities, both required and
provided, shall:
Identification. Be identified as to purpose and location when not clearly
evident.
Surfacing. Be surfaced with asphalt, bituminous, concrete or dustless material
and maintained in smooth, well-graded condition. Up to 70 percent of the
parking spaces for houses of worship and schools may be surfaced with grass
or lawn. Spaces that are not paved shall be compacted, stabilized, well
drained and surfaced with a durable grass cover. Driveways, handicapped
spaces and access aisles shall be paved. When the development services
director determines that the paving of some or all parking spaces for houses
of worship and schools will have significant negative environmental impacts,
the director may require that these parking spaces not be paved. Upon
approval of the development services director, a suitable material (limerock
excluded) with a suitable stabilized subgrade may be substituted for the above
materials. This section 2.3.4.2 shall not apply to single-family dwellings.
Drainage and slope. Be drained and sloped so as not to cause any nuisance to
adjacent property or to public property or rights-of-way. Such facilities must
also be sloped to meet the provisions of the Americans with Disabilities Act.
Lighting. Be so lighted, if lighted, as to shield streets and all adjacent
properties from direct glare, excessive light, and hazardous interference with
automotive and pedestrian traffic. Lighting shall conform to the applicable
provisions of division 2.8.
Locational requirements.
The
roadway that is not dcaignatcd as a cc!lector or -~,ed:! in the
Words ~:".::k :~re::g?. are deleted, words underlined are added.
15
ccn'..'..crc;.a: uz:z identified in thc fleW. r: !and "~e clement cf
Subject to thc procedu,-ez zet lc,mb in Section 2.2.5 cf
· a'~ it is int,n~:d tc set.'= ~s !ocatcd ~d ia in :xcczz cf
section 2.2.!6 cf this code.
Ail cf +&e Ici: are under uhc same c,::v, emhip;
5lc. ,~ff :itc par?3ng :pace iz located fumher t?-..m 300 fact
c;~c"~z+~cc: exist render section 3.3. <. ! !.5;
development ;.z !ocatcd c,n ,k~, ..... :+k ,~.~ _.4.~:_~, ........
Thc ccr:'.znunig' development sat.'ice: admink*,ratcr :ha!! b-~e b2z
deta.,~ninaticn cf rcq'aeztz for eft site pc-'king under zectic,n 2.2.1. I ! .2
,'P...c prcpc:ed cfi site parking fac;.li,%',
c, nd cgmr:, i: cafe -~d con':one, ant for motc,~zts crud
JAN 0 5
~.. Approval of t.hc I:Cfifion "':" not create pa-k:ng
Words =tr'-' ......~.. are deleled, words underlined are added.
16
T~ ~ee .: ..... '-:"~ f;ci!ky shall be
negative ~ce .... of this parking
Words :tr-:k :hrocgh are deleted, words underlined are added.
17
ha: .......... ~'.:t
nn.~-- ,~. ........ ~ ^~ ~:*~ parking ;;qll serve .....
l~cr. cka!ec ccn+~a! b"~:~ness diet,.ct as desc~d in secticn
2.3.21.4, 2.3.22.4;
...........- _ p ...... e spaces ....... for
ho~: af operation;
p~k:ng ...................... a
agreement with the ccunty, tc be filed with *&,c clerk cf the
Words :trazk thrcx~ ~e deleted, words underlined ~e added.
18
Thz ':.~::en agrzzmznt shall 5z ;'sided by Cc!lizr Comity if
o~er required ~ ......... ~:~ c~:~:.:~ prcvldzd ~n
accordm~ze wi*~ the rzquirzment~ ~f *&~z ~ode.
All required off-street parking facilities shall be located on the same
lot they serve, on a contiguous lot under the same ownership that is
zoned for use as a parking lot, or shall be approved under the
provisions of section 2.3.4.11.2, below.
9
Exemptions to locational requirements:
Off-site parking on non-contiguous lots under same
ownership.
The planning services director may approve off-site
parking on lots under the same ownership that are
separated by a roadway that is not designated an
arterial or a collector roadway of greater than 2 lanes
in the traffic circulation element of the growth
management plan. A site development plan shall be
submitted to the director which indicates that:
At least 67% of the required parking is on the
lot with the principal structure; or
2~ The off-site lots are zoned for use as a parking
lot or are zoned the same as the lot with the
principal structure; or
The off-site parking will serve a water
dependent and/or a water related use or will
only be for valet parking.
Off-site parking on lots under different ownership.
The planning services director may approve off-site
parking on contiguous lots that are under different
ownership. A site development plan shall be submitted
to the director which includes:
A minimum ten-year lease agreement between
the property owners, including a provision that
if and when the lease expires, the property
owner requiring the off-site parking shall make
other provisions for the required parking. The
county attorney shall review this agreement for
form and legal sufficiency. The petitioner shall
record the lease in the official records of Collier
County before approval of the site development
plan; arid
Words $tr'-'cn g.rc::gh are deleted, words underlined are added.
19
At least 67% of the required parking is on the
lot with the principal structure; or
The off-site lots are zoned for use as a parking
lot or are zoned the same as the lot with the
principal structure; or
The off-site parking will serve a water
dependent and/or water related use or will only
be for valet parking.
c_. Parking exemption
The board of zoning appeals, after review and
recommendation bv the planning commission, may
approve a parking exemption under the following
circumstances:
The permitted use and the proposed off-site
parking lot are separated by a collector or
arterial roadway;
The lot proposed for off-site parking is not
zoned commercial;
(3) Shared parking, in which two or more
permitted uses utilize the same. or a portion of
the same required parking.
Parking reservation, in which the petitioner
believes that the number of required parking
spaces is excessive and wishes to reduce the
number of parking spaces required to be
constructed, while reserving the land area for
future parking spaces if determined necessary
by the planning services director, or The board
of county commissioners.
9
The planning commission and the board of zoning
appeals shall consider the following criteria for the
approval of a parking exemption:
(1) Whether the amount of off-site parking is
required by section 2.3.16, or is in excess of
these requirements.
The distance of the farthest parking space from
the facility to be served.
Pedestrian safety, if the lots are separated by a
collector or arterial roadWay.
A~A I i' ~.q4
If the lot is not zoned commercial, it must meet
the locational criteria for commercial uses as
identified in the future land use element of the
growth management plan.
Pedestrian and vehicular safety.
Words :'~.:':~ :~r:"~~. are deleted, words underlined are added.
20
The character and quality of the neighborhood
and the future development of surrounding
properties.
(7) Potential parking problems for neighboring
properties.
Whether the internal traffic flow is required to
leave the site to reach the proposed off-site
parking.
Whether vehicular access shall be from or onto
residential streets.
(10)
Whether buffers adjacent to the property zoned
residential are 15 feet in width and include a
wall in addition to required landscaping.
(11) Whether the off-site parking area will be used
for valet parking.
(12) Whether the off-site parking area will be used
for employee parking.
(13) Whether there are more viable alternatives
available.
8.3_.
Eack oQ_ff-street parking space areas must be directly accessible from
a street, alley or other public right-of-way and all off-street parking
facilities must be so arranged that no motor vehicle shall have to back
onto any street, excluding single-family and two-family residential
dwellings and churches approved under section 2.3.16.
2.3.4.12. Dimensional standards.
AGENDA
JAN 0 5 2S00
2.3.4.12.1. Minimum aisle widths. Minimum aisle widths shall be as follows:
Angle of Aisle Width Aisle Width
Parking (One- Way) (Two- Way)
Parallel 12 feet* 20 feet
30 degrees 12 feet* 22 feet
45 degrees 12 feet* 22 feet
60 degrees 18 feet 24 feet
90 degrees 22 feet 24 feet
*Fire districts may require these to be increased to 14 feet where an acute turning radius is
present.
Words :m:':~ :~rm.'g~ are deleted, words underlined are added.
21
The following iljustration is deleted:
JAN 0 5
2.3.4.12.2.
Minimum space size. Each parking space shall be a minimum of nine feet by
18 feet in size or 16 feet in depth measured from the isle width to the face of
the wheelstop except r ........ · ~..1.: ......... 11 ..... .4 ..~*h; .... ,1^~
2.2A.!2.3. See Exhibit "A" for typical off-street parking design. AI__!I
"compact" parking spaces indicated on an approved site development plan,
and any subsequent amendments thereto, shall be counted as standard parking
spaces.
Words ........... ,,.. are deleted, words underlined are added.
22
JAN 0 5 2;00
2.3.4.12.43.
Sec. 2.3.5.
2.2.5.!.
2.2.5.2.
Secondary parking from alley access. For any nonresidential development
which, abuts an alley, a maximum of ten parking spaces, not to exceed 30
percent of the required parking for the proposed use, may be accessed solely
from the alley. Said parking spaces shall be clearly marked and arranged in
such a manner so that each parking space meets the minimum size required in
section 2.3.4.12.2 of this code. Additionally, these spaces shall be arranged in
a manner which allows for full compliance with any required landscaped
buffer requirement. These spaces shall be for the exclusive use of employees
and service vehicles and shall be clearly designated as such by appropriate
signage.
,~s~ ......... ,.: .... k...a _..,.:_- [RESERVEDI
shared parking approval :hal!
permissica for all involved pro,,e:,/cs'metz tc cbtaln *&c ne:es:mT
such 5uildkng; er uses;
.mee: al! of the fall.owing pra;'isizna:
Words ::.".::k :?.rc.-g~ are deleted, words underlined are added.
23
I.-:'.."..c,L~:: ,~en..'r",.! 5'.-'s:.n,~,~,~ dL';trlc: a~ d,':=.c:':.Sed Lu sc.':tic~ 2.3.33.
an&/cr ';,';ter related ',:'scs; and
(limited tea mm:ira=., cf 15 percent cf the~.vj~,'o--~: ........ ,v,,.' parking
2.3.5.3.3.
2.3.5.5.
percent cf the minimum required spaces for the prcpe~ ...... ;;"-
,~ .................... park:rig apace: are pr:posed t~ serve.
2.2.5,5,
criteria:
AGF_N~A IT,ll
JAN 0 5
2.3.5.5.!.
2.3.5.5.2.
2.3.5.5.2.
~d ecn;'enient For mot,~ristz and pcde;u'ianz;
Words :~,::~ t_r~,::g:, are deleted, words underlined are added,
24
2.2.5.6:!.
that
2.2.5.6.6.
2.2.5.6.7.
2.2.5.6.8.
2,2.5.6.10.
2.3.5.7.
device:, dirccticnal signs, .".igrw, tc a~: ...... u..~a -..,.: .......
2.3.5.7.2.
c*&cr required cff zX::t f-"-ciliti:s "--e provided in
AGENDA Ilr LJd
JAN 0 5
See. 2.3.14.
n,~ ........ ,.: .... -~'~-'- '~- [RESERVED{
Words ~U".::- .-'--::g:. arc delcU~d, words underlined are added.
JAN 0 §
2.3.14,4.
See. 2.3.16.
2.3.16.1.
zuSjzct tc thc ;'a.dmnce review zt~d3,rdz Hzted in zection 2.7.5.6 ef this ccd.".
were apprcv~ tc ~e reduced ~y, "~d 5'~er provided:
':,'hick the rezer,'ed parking m-ca :cr'.'ea so !cng as thc afl :irt. ct par!ring
Off-street parking and stacking: required amounts.
Bank or financial institution 1 per 250 square feet on the first floor and I per 300
square feet on any other floors. Stacking for 6 4_ vehicles for each drive-up window
not to exceed a total requirement of 2--5 15 vehicles;- exclusive of automated deposit
lanes which require no stackine.
Bicycle Parking for Non ............ commerctal Developments.
Provisions for the safe and secure parking of bicycles shall be
furnished at a ratio of five percent of requirements for motor vehicles
as set forth in sec. 2.2.16. but not to exceed a maximum of 15 total
bicycle parking spaces. A minimum of two bicycle parking spaces
shall be provided.
A bicycle parking facility suited to a single bicycle ("parking space")
shall be of a stand-alone inverted-U design measuring a minimum of
36 inches high and 18 inches wide [of 1 V: inch Schedule 40 pipe,
ASTM F 1083] bent in one piece ("bike rack") mounted securely to
the ground [by a 3/8 inch thick steel base plate, ASTM A 36] so as to
secure the bicycle frame and both wheels.
Each parking space shall have a minimum of three feet of clearance
on all sides of the bike rack.
Words ::,'-ack :hrz"gh are deleted, words underlined are added.
26
SUBSECTION 3.D.
Bicycle spaces shall be surfaced with the same or similar materials
approved for the motor vehicle parking lot. lighted and located no
greater than 100 feet from the main building entrance.
'Extraordinary bicycle parking designs which depart from the bike rack
standard but are consistent with the development's design theme shall be
considered by the county architect. Bike racks which function without
securing the bicycle frame, require the use of a bicycle kick stand, or which
may be freely reoriented are not allowable.
AMENDMENTS TO LANDSCAPING AND BUFFERING DIVISION
Division 2.4., Landscaping and Buffering, of Ordinance 91-t02, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
DIVISION 2.4.
See. 2.4.4.
LANDSCAPING AND BUFFERING
Plant material standards and installation standards.
2.4.4.11.
2.4.4.11.1.
2.4.4.11.2.
2.4.4.11.3.
2.4.4.11.4.
2.4.4.11.5.
2.4.4.11.6.
2.4.4.11.7.
2.4.4.11.8.
2.4.4.12
2.4.4.12.1.
2.4.4.12.2.
2.4.4.12.3.
2.4.4.12.4.
2.4.4.12.5.
2.4.4.12.6.
2.4.4.12.7.
Prohibited species. The following plant species shall not be planted:
Enterolobium cyclocarpum (ear tree).
Melia azedarach (Chinaberry tree).
Bischofia javanica (bishopwood).
Scaevola frutescens (Australian inkberry).
Dalbergia sissoo (Indian rosewood).
Sapium sebifemm (Chinese tallow tree).
Ardisia elliptica (shoe button ardisia).
Ficus microcarpac (laurel fig).
This list shall be subject to revision as exotic plant species are determined to
be noxious, invasive, cause environmental degradation to native habitats, or
to be detrimental to human health, safety, or the public welfare.
Prohibited Exotic Species. In addition to the prohibitions outlined in section
2.4.4.11, the following species or seeds thereof shall not be grown, offered
for sale, or transported inter-county or intm-county.
Melaleuca spp. (punk tree).
Schinus terebinthifolius (Brazilian pepper).
Any member of the family Casuarinaceae (Australian pine).
Rhodomyrtus tomentosa (downy rosemyrtle).
Dioscorea bulbifera (air potato)
Colubrina asiatica (lather leaf).
Lygodium spp. (climbing fern).
Words z..'r'.::, a.re"g:, are deleted, words underlined are added.
27
JAN 0 5 2233
2.4.7.4.
2.4.4.12.8.
2.4.4.12.9.
2.4.4.12.10.
2.4.4.12.11.
2.dA.!2.12.
Sec. 2.4.7.
2.4.7.4.
Syzygium cumini (Java plum).
Mimosa pigra (catclaw mimosa).
Acacia auriculiformis (earleaf acacia).
Albizia lebbeck (Women's tongue).
Minimum landscape buffering and screening between uses.
Types of buffers. Within a required buffer strip, the following alternative
shall be used based on the matrix in table 2.4.
The letter listed under "Adjacent Properties District" shall be the landscape
buffer and screening alternative required. The "-" symbol shall represent that
no buffer is required. The PUD district buffer, due to a variety of differing .
land uses, is indicated by the "*" symbol, and shall be based on the landscape
buffer and screening of the district or use with the most similar types,
densities and intensities of use. Where a conflict exists between the buffeting
requirements and the yard requirements of this code, the yard requirements of
the subject zoning district shall apply.
~Buffering in agriculture (A) districts shall be applicable at the time of site
development plan (SDP) submittal.
2Industrial (I) zoned property, where abutting industrial (1) zoned property,
shall be required to install a minimum five-foot-wide type A landscape buffer
adjacent to the side and rear property lines. This area shall not be used for
water management. In addition, trees may be reduced to 50 feet on center
along rear and side perimeter buffers only. This reduction in buffer width
shall not apply to buffers adjacent to vehicular rights-of-way or nonindustrial
zoned property.
3Buffer areas between commercial outparcels located within a shopping
center may have 1~ a shared buffer 10' wide. This does not apply to right-of-
way buffers.
Buffer areas between interior lot lines of commercial parcels may be
displaced to other locations as schematically shown in figure 3, displaced
commercial interior lot line landscaping. Approval shall be obtained fi.om the
plannin¢ services director subiect to the followine conditions:
The project is part of a unified plan of development as iljustrated by a
master site development plan which includes all of the individual
building parcels which comprise the unified plan of development; and
An agreement between all owners of the separate parcels is recorded
in the public records of the county to the effect that there is a system
of cross-access easements and that the entire parking lot functions as a
common parking lot; and
All of the buildings share a common architectural and landscape
theme; and
Words ~tmc. k :Sreug?. are deleted, words underlined are added.
28
The !and. area. normally associated with landscavine that will be disolaced as
a result of the elimination of sgme interior lot line landscaping will be
proportionately added to other required interior vehicular use area
landscaoin~, building verimeter plantings or perimeter buffering.
FIGURE ,3:
DISPLACED COMMERCIAL
INTI~RIOR LOT LINE
LANDSCAPING
I
LOT UNE
LANDSCAPE 8Ut-~.~..~ MAY 81= DISPt.~CED
TO 7HE FOLLOWING LOCATIONS: INTERIOR
VEHICULAR USE AREA, BUILDING PERIMETER
PLANTING AREA OR PERIMETER
LANDSCAPE BUF"F'~RS WHEN LOCATED IN
A UNIFIED PLAN OF DEVELOPMENT.
SHARED 10' WIDE LANDSCAPE BUFFER
BET'Y~EN OUTPARCEL AND SHOPPING SHARED 10' 'MDE
I CENTER. ~ LANDSCAPE BUFFER
8ET~EN GU T'PARCEL..~.
il
JOINT ACCESS PARKING BE~ A PARCEL AND A PARENT ~ACT. NO~ ~[
REQUIRED SQUARE FOOT AREA OF SHARED IN~RIOR LOT UNE ~NDSCAPE BUF~R
HAS BEEN 01SP~CED AS AODI~ONAL ~NDSCAPING IN ~E FOLLO~NG LOCA~ONS:
IN~RIOR ~HICULAR USE AREA, BUI~ING PERIME~R PLANTIN(; AREA AND PERIME~R
LANDSCAPE BUFFERS.
SUBSECTION 3.E. AMENDMENTS TO SIGNS DIVISION
Division 2.5, Signs, of Ordinance 91-I02, as amended, the Collier County Land
AC..~A IT.d
Development Code, is hereby amended to read as follows:
DIVISION 2.5. SIGNS
~. 2.~. ~rmitte~gns. ~
Words ::~:. ~,:::;. ~e deleted, wor~ underlined ~e ~ded.
. 29
DMSION 2.5. SIGNS
Sec. 2.5.1. Title and citation.
This division shall be known and may be cited as the "Collier County Sign Code."
Sec. 2.5..2. Applicability.
This division shall apply to and be enforced in all unincorporated areas of Collier
County, Florida.
Sec. 2.5.3. General finding,
Increased numbers and sizes of signs, as well as certain types of lighting distract the
attention of motorists and pedestrians, and interfere with traffic safety. The
indiscriminate erection of signs degrades the aesthetic attractiveness of the natural
and manmade attributes of the community and thereby undeinfines the economic
value of tourism, visitation and permanent economic growth.
Sec. 2.5.4. Purpose and intent.
It is the intent and purpose of this sign code, and it shall be interpreted, to implement
the goals, policies and objectives of the growth management plan, and to promote the
health, safety, convenience, aesthetics, and general weffare of the community by
controlling signs which are intended to communicate to the public and to authorize
the use of signs which are:
2.5.4.1.
Compatible with theft surroundings.
2.5.4.2.
Designed, constructed, installed and maintained in a mannerwhich does not
endanger public safety or unduly distract motorists.
2.5.4.3.
Appropriate to the type of activity to which they pertain.
2.5.4.4.
Are large enough to convey sufficient information about the owner or occupants of a
particular property, the products or services available on the property, or the
activities conducted on the property and small enough to satisfy the needs for
regulation.
2.5.4.5.
Reflective of the identity and creativity of the individual occupants.
Sec. 2.5.5. Permitted signs.
2.5.5.1.
Signs within residential zoned districts and as applicable to residential designated
portions of PUD zoned propm~. ' .
2.5.5.1.1. Development standards.
1. Maximum allowable height. All signs within residential zoned
districts and as applicable to residential designated portions of PUD zoned
properties are limited to a maximum height of eight feet. or as provided
~. Height shall be measured fi.om the lowest centerline grade
of the nearest public or private R.O.W. or easement to the uppermost portion
of the sign structure.
2. Minimum setback. All signs within residential zoned districts and as
applicable to residential designated portions of PUD zoned properties shall
not be located closer than 15 10 feet from the property line, unless otherwise
noted below or as provided for in section 2.1.13.
2.5.5.1.2.
Real estate signs. The following signs classified as real estate signs shall be
permitted in residential districts subject to the following:
I. One ground sign with a maximum height of (3 feet or wall "For Sale,"
For Rent," or similar sign, with a maximum of four square feet in size, per
street frontage for each parcel, or lot less than one acre in size. Said sign shall
be located no closer than ten feet fi.om any adjacent residentially used
property and may be placed up to the property line abutting a fight-of-way,
provided it is a minimum often feet from the edge of pavement. (No building
permit required.)
2. One ground sign with a maximum height of 8 feet or wall "For Sale,"
"For Rent," or similar sign, with a maximum of 12 square feet in size, per
street frontage for each parcel, or lot one to ten acres in size. (No building
permit required.)
3. One ~ gr_mlml sign with a maximum height of-l-5 10 feet or wall
"For Sale," "For Rent," or similar sign, with a maximum of 64 square feet in
size, per street frontage for each parcel or lot in excess ten acres in size.
4. Real estate signs shall not be located closer than -1-5 10 feet from any
property line. In the case of undeveloped pan:els where the existing
vegetation may not allow the location of the sign -1-5 10 feet from the property
line, the planning services director may allow a reduction in the amount of
the required setback however, in no case shall said sign be located closer than
five feet from any property line unless authorized by the board of zoning
appeals through the variance process.
5. Real estate signs shall be removed when an applicable
permit has expired' °r with~2 seven days °f anY °f the f°ll°wing ~ndi$ititns:-2--~--'
ownership has changed; the property is no longer for sale; rent or lease; or,
the model home is no longer being used as a model home·
6. A sign advertising that a property has been sold or leased shall not be
displayed for more than 3~ 14 days after it is erected.
2.5.5.1.3.
Model home signs. One on-premises sign for model homes, approved in conjunction
with a temporary use permit in any zoning district not to exceed 32 square feet.
Model home sign copy shall be limited to the model name, builder's name, name and
address, phone number, price, logo, and model home. Model home signs shall not be
illuminated in any manner (No building permit required.)
2.5.5.1.4.
Construction signs. All supports for such signs shall be securely built, constructed,
and erected and shall be located on the site under construction, subject to the
following:
1. One ground sign with a maximum height of 6 feet or wall sign, with a
maximum of four square feet in size, may be used as a construction sign. The
copy on the construction sigma shall be limited to the name and phone number
of the develo?r, architect, plannin~ and en~ineerin~ firm. financial
institution, contractor and/or ~ubcontractors involved with the project by-the
within h
yard for each parcel less than one acre in size. (No building permit required.)
2. One ground sign with a maximum height of 8 feet or wall sign, with a
maximum of 12 square feet in size, may be used as a construction sign. The
copy on the construction simian shall be limited to the name and phone number
of the develot)er, architect. Dlannimz and ~n~ineerin~ firm. financial
institution, contractor and/or subcontractors involved with the project by-4~
yard for each parcel one to ten acres in size. (No building permit required.)
3. One ~ grmmd sign with a maximum height of 15 10 feet or wall
sign, with a maximum of 64 square feet in size, may be used as a construction
sign. The copy on the constrll~tion ~j~n shall be limited to the name and
phone number of the developer, architect, planning and engineering firm.
financial institution_ contractor and/or subcontractors involved with the
within each fi'ont yard for each parcel in excess often acre in size.
2.5.5.1.5.
Residential directional or identification signs. Directional or identification signs no
greater than four square feet in size, and located internal to the subdivision or
development may be allowed subject to the approval of the planning services
director, or his designee. Such signs shall only be used to identify the location or
direction of approved uses such as models or model sales centers, club house,
recreational areas, etc. These signs may be cjustered together to constitute a sign with
a maximum area of 24 square feet and a maximum height of eight feet. Such
cjustered signs shall require a building permit. For signage to be located ~ along
the Golden Gate Parkway see division 2.2, section 2.2.21.1 and 2.2.21.6.2.
2.5.5.1.6.
On-premises signs within residential districts. Two ground ~i_mas with a maximum
height of 8 feet or wall residential entrance or gate signs may be located at each
entrance to a multi-family, single-family, mobile home or recreational vehicle park
subject to the following requirements:
1. Such signs shall contain only the name of the subdivision, the insignia
or motto of the development and shall not contain promotional or sales
material. Said si~.q shall maintain a 10 15 foot setback fi.om any property
line unless placed on a fence or wall subject to the restriction set forth in
section 2.6.11.
2. The ground or wall signs shall not exceed a combined area of 64
square feet, and shall not exceed the height or length of the wall or gate upon
which it is located.
2.5.5.1.7. Conditional uses within the residential and agricultural districts.
1. Conditional uses within the residential district are permitted one wall
sign with a maximum of 32 square feet. Comer lots at~ permitted two such
wall signs.
2. Conditional uses within the agricultural district in the urban area,
residential and estates districts with a street fi'ontage of 150 feet or more and
a land area of 43,560 square feet or larger are permitted a ground sign ~
maximum hei~_ht of 8 feet ,~4th and a maximum area of 32 square feet.
3. Bulletin boards and identification signs for public, charitable,
educational or religious institutions located'on the premises of said
institutions and not exceeding 12 square feet in size. (No building permit
required.)
4. The Board of County Commissioners may approve additional signage
as may be deemed appropriate during the conditional use approval process.
Z5.5.2. Signs within non-residential districts:
".
2.5.5.2.1.
Design criteria and u~nified sign plan. Where multiple on-premise signs are
proposed for a single site or project, or in the case of a shopping center or multi-use
building, a unified sign plan shall be employed. An application for site development
or site improvement plan approval shall be accompanied by a graphic and narrative
representation of the unified sign plan to be utilized on the site. The umfied sign plan
must be applied for by the property_ owner, or his or her authorized agent, The unified
sign plan may be amended and resubmitted for approval to reflect style changes or
changing tenant needs. Design elements which shall be addressed in both graphic and
narrative form include:
(a) Colors;
(b) Construction materials and method;
(c) Architectural design;
(d) Illumination method;
(e) Copy style;
(19
Sign type(s) and location(s); and, conformance with the following:
No wall sign shall exceed 80 percent of the width of the unit(s)
or the building occupied by a business with a minimum of ten
percent clear area oll each outer edge of the unit(s)or the building:
t~/..--:toxt}'~ All wall signs for multi-me buildings shall be located at a consistent
location on the building facade, except that anchor tenants may vary fi'om this
locational requirement in scale with the anchor's tenant's larger primary
facade dimensions. All signs shall adhere to the dimensions provided for in
the unified sign plan; and
Monument si_~ms shall contain an architecturally finished base of not less than
the face of the si.ma. The hei~mht of those numbers shall be no less than six (6/
inches. The remainder of the sign must contain architectural design features
including colors and/or materials common to those used in the design of the
building the sign is accessory to. A minimum 100 square foot planting area
shall be provided around the base of any monumentr:,-~--~ v. .... r----~ sign,
consistent with the provisions of division 2.5. of this Code (see ll!'astr=t/.~n
(J)
,
Iljustration 16
The height of the monument sign may not exceed 3 times the width or vice-versa.
The si.ma shall not be m the shape of a lo.~o and the 1o.~o 5hall not protrude from the
Monument si_mas, other than directory_ si_tm.q and si_tins for outp_ arccls, shall have a
maximum overall area of 150 so_uare feet. The overall area ora monument si_ma shall
be measured by drawing an imaginary_ rectangle from the _mound to the top of the
si_nn structure. The area of thi.q iron, nary rectangl~ shnil 1~ considere4 the overall
area of the monument si_tm_
6
llaglAN 0 5 2000
The use of primary_ color~ and all shades of yellow shall be limited to 20 percent of
the sima's back,round area. The use of fluorescent colors is nrohibited.
restriction shall not anolv to temoorarv real estate and construction simas.
This
2.5.5.2.1.1.
Outparcels. In addition to the above requirements, um6sd-sign~4ae~for outparcels,
regardless of the size of the outparcel, shall be limited to the following:
(a)
addition to any wall signs permitted by this Code, outparcels may by allowed
one additional sixty, square feet wall si_ma facing the shopping center if the
additional sign is not oriented towards any public right-of-way. In no case the
number of wall sig-ns for an ou .tparcel can exceed 2 si_m~s; and,
(b) A single gt',mtad.-oe-po~ monument sign for out'parcels having a
frontage of 150 feet or more, not to exceed 60 square feet. Monument signs
shall be limited to 4-51l feet in height.
2.5.5.2.2. Development standards.
Maximum allowable height. All monum~t signs within non-residential
zoned districts and as applicable to non-residential designated portions of
PUD zoned properties are limited to a maximum height of 15 feet. except as
provided in this Code for monument sit, nn for automobile service stations and
outparcels which are limited to a maximum hei,s~_ht of 8 feet: the maximum
hcimht for directory signs is limited to 20 feet. "ig.~*
"~" .......v,,v~--'4 ...... ,~ r,, ':*~':-,.. *~':" "~'"~-,,-, Height shall be
measured from the lowest centerline grade of the nearest public or private
R.O.W. or easement to thc uppermost portion of the sign structure.
properties shall not be located closer than 15 10 feet from the propen
Directory_ si_~ .qhail not bo closer than 15 feet from the property_ lira
otherwise noted below or as provided for in section 2.1.13.
7
Minimum setback. All monum~t signs within non,residential zoned districts
and as applicable to non-residential designated portions of PUD zoned
y line.
JAN 0 5 2000
Maximum allowable sign area: 80 square feet for monument si_mas, except
for outparcels and 150 square feet for directory_ si~s.
The location of the permanerlt monument and directory_ si_mas shall be shown
on the landscape plans a~ required by section 2.4.4.17.
2.5.5.2.3.
Real estate signs: The following signs classified as real estate signs shall be
permitted in non-residential districts subject to the following:
1. One ground sign with a maximum heigaht of 10 feet or wall "For
Sale," "For Rent," or similar sign with a maximum area of twelve square feet
in size per street fi'ontage for each parcel, or lot less than one acre in size. (No
building permit required.)
2. One ground sign with a maximum hei_mht of 10 feet or wall "For
Sale," "For Rent," or similar sign, with a maximum 32 square feet in size, per
street frontage for each parcel, or lot one to ten acres in size. (No building
permit required.)
3. One ground sign with a maximum height of-l-5 LQ feet or wall "For
Sale," "For Rent," or similar sign, with a maximum of 64 square feet in size,
per street frontage for each parcel or lot in excess of ten acres in size.
4. Real estate signs shall not be located closer than -1-5 .LQ feet from any
property line. In the case of undeveloped parcels where the existing
vegetation may not allow the location of the sign t-5 LQ feet from the property
line, the planning services director may allow a reduction in the amount of
the required setback however, in no case shall said sign be located closer than
five feet fi-om any property line unless authorized by the board of zoning
appeals through the variance process.
5. Real estate signs shall be removed when an applicable temporary use
permit has expired, or within seven days of any of the following conditions:
ownership has changed; or, the property is no longer for sale, rent or lease.
6. A sign advertising that a property has been sold or leased shall not be
displayed for more than ~9 14 days after it is erected.
2.5.5.2.4.
Construction signs. All supports for such signs shall be securely built, constructed,
and erected and shall be located on thc site under construction and no closer than -1-5
10 feet fi'om any property line, and subject to the following:
1. One ground sion with a maximum hei~,ht of 10 feet or wall sign
a maximum of 12 squ~re feet, may be used as a construction sign. Th~
8
JAN II § 20
,3.
on the construction si.ma .shall be limited to the name arid phone number of the
developer, architect, planning and en~neerin.e firm. financial institution.
contractor md/or subcontractors involved with the project ~
~.,. ..... ~,c,~.~ .~ .... ~ .... , ........ :, t.~,.,..~ within each front yard for
each parcel less than one acre in size. (No building permit required.)
2. One ground si_ma with a maximum height of 10 feet or wall sign, with
a maximum of 32 square feet in size, may be used as a construction sign, The
copy on the construction si.ma shall be limited to the name and phone number
of the developer, architect, plannin[, and en.mneerm~ firm, financial
institution, contractor and/or subcontractors involved with the project ~
...... ~ ~^~"'-'~*^- ~r*~ '~ .... ~ .....* ...... ~"~'*' ~'^~'-~ within each front
yard for each parcel one to ten acres in size. (No building permit required.)
3. One pole gLo. gad sign with a maximum height of-l--5 l0 feet or wall
sign, with a maximum of 64 square feet in size, may be used as a construction
sign. The copy on the construction si.ma shall be limited to the name and
phone numbs' 9fthe developer, architect,, piannin.t, and en~neerin~ firm.
financial institution, contractor and/or subcontractors involved with the
within each front yard for each parcel in excess of 10 acres in size.
2.5.5.2.5.
~. 4. All construction signs must be removed prior to the issuance of a
certificate of occupancy.
~ ~ -: ..... ~ ~i~ monument siting, projecting
On-premise signs. On-premise ~,.,!., ~.~,...., ~, ....~ _
signs, wall signs, and mansard si~cms shall be allowed in all nonresidentially zoned
districts subject to the restrictions below:
2.5.5.2.5.1.
Monument pe~ signs. Single-occupancy pamels, shopping centers, office complexes,
business parks, or industrial parks having frontage of 150 feet or more on a public
street, or combined public street frontage of 220 linear feet or more for corner lots,
be permitted ~ ~ -'- '--'~ signs Additi al monument
shall one ~. ....... ~-:------d . on
ls~t~r.--gr~ signs may be permitted provided that there is a minimum of a 1,O00-
foot separation between such signs, and all setback req~ents are met. In no ease
shall, tbe number of~ ~ signs exceed two per street frontage.
In addition, multiple-occupancy parcels such as shopping centers, office compl, exes,
business parks, or industrial parks containing 25,000 square feet or more of gross
leasable floor area, and eight of more independent businesses will be permitte~
directory :!~: ..a,u..._. a m~--'---..~._.__ ~'~ ef 259 :qua.': .~.c'"-' for a single entrance mi
9
public street. When any directory sign is proposed then monument sign ~
..... a signs-shall be limited to the name and logo of the complex and shall not
contain name of any tenant. The directory_ si_m~ shall contain a minimum of 5 and a
maximum of 9 tenant names. The name of businesses located on outp. arc¢l$ shall not
appear of directory_ si~s.
1. The maximum size limitation shall apply to each structure, Monument
sLmas may be placed back to back or in V-tvoe construction with not more
than one display on each facing for a maximum of two displa_v areas for each
V-_type si_ma, and such si_ma structure shall be considered as one si~
2. Spot or floodlights shall be permitted only where such spot or
floodlight is non-revolving and said light shines only on the owner's premises
or si_mas and away fi.om any fi~t-of-way.
3,.~The ~ 15 £cct setback requirement may be
administratively reduced by a maximum often feet by thc planoing services director upon
submission of the admimstrative variance fee and a written request. However in no case shall the
required setback be reduced to less than 5 feet. The planning services director's decision to reduce
thc required ! 5 £gct setback shall be based on the following:
a) Where it can be demonstrated that within the adjacent fight-of-
way the area between thc property line and the edge of pavement is
excessively wide and that the actual paved area is unlikely to be
widened to the extent that reduction in the required setback will result
in the sign being any closer than 30 feet to the edge of pavement;
b) Where due to the existing site conditions and improvements, it
can be demonstrated that adherence to the required minimum _re~fired
! 5 feet setback will have a deleterious effect on the safety of users of
thc site from the pem'pective of vehicular parking and vehicular
pedestrian ingress and egxe~;
10
JAN 0 § 21110
//,,6
c) Where due to the nature and location of existing landscape
features and/or specimen trees, it would be prudent to allow for a
reduction in the required setback so as to most appropriately locate the
sign structure; or,
d) The extent of the reduction is the mimmum amount necessary
to provide relief from the applicable conditions cited above.
2.5.5.2.5.2.
Wall mansard, canopy or awning signs. One wall, mansard, canopy or awning sign
shall be permitted for each single-occupancy parcel, or for each establishment in a
multiple-occupancy parcel. End units within shopping centers, or single occupancy
parcels where there is double frontage on a public right-of-way, shall be allowed two
signs, but such signs shall not be placed on one wall. In ~Scn, .......
businesses with a floor area of larger than 15,000 square feet and a front wall length
of more than 200 linear feet, are allowed three wall signs; however, the combined
area of those signs shall not exceed the maximum allowable display area for signs by
this code.
2.5.5.2.5.3.
1. The maximin allowable display area for signs shall not be more than
20 percent of the total square footage of the visual facade of the building to
which the sign will be attached and shall not, in any case, exceed 2_0_0 250
square feet in area for any sign.
Projecting signs. Projecting signs may be substituted for wall or mansard signs
provided that the display area of the projecting sign shall not exceed 60 square Feet og~n~ rr~ -
display area. ~ ~..
11
JAN 0 5
1. Projecting signs shall not project more than four feet from the
building wall to which it is attached.
2. Projecting signs shall not extend above the roofline of the building to
which it is attached.
3. Projecting signs shall not project into the public fight-of-way.
4. Projecting signs which project over any pedestrian way shall be
elevated to a minimum height of eight feet above such pedestrian way.
2.5.5.2.5.4.
Under-canopy signs. In addition to any other sign allowed by this code, one under-
canopy sign shall be allowed for each establishment in a shopping center. This sign
shall not exceed six square feet in area and shall be a minimum of eight feet above
finished grade. Under canopy signs do not require a building permit unless the sign
is equipped with an electrical component.
2.5.5.2.5.5. Signage for automobile service stations:
The followings are the only signs allowed in automobile services stations and
convenience stores with gas pumps.
Window s ~--., ,,-r:,- .......... e,~-~ ~-----~, ......... .---- , r ----
allowed in section 2.5.6.13 of this code.
2. An illuminated corporate logo with a maximum area of 12 square feet shall
be allowed on a canopy face which is adjacent to a dedicated street or highway.
Otherwise, accent lighting, md backlighting and acw. ent striping are ~s prohibited on
canopy structures.
3. r'z'e ~: ........ t.:~.:,~ t. ......... ~lne (1) ground sign shall be permitted
for each site and shall be placed within a 200 square foot landscaped area. Height is
limited so that the top edge of the sign face is less than eight feet above grade.
Maximum permitted area 7-0 60 square feet.
4. /4hm~inat~4 Signage, logos, advertising and information are prohibited
above gas pumps.
=
Wall sit, ns: As allowed in section 2.5.5.Z5.2. of this code.
Directional sit, ns: As allowed in section 2.5.6.2. of this cod9. ;:
12:
./gob
2.5.5.2.5.8.1. Political signs. Political campaign signs and posters shall be permitted subject to the
following requirements:
1. Prior to the erection, installing, placing, or displaying of a political
sign a bulk temporary permit shall be obtained. The permit number shall
appear on every sign or on the pole supporting the sign. The fee for said bulk
permit shall be as adopted by resolution by the board of county
commissioners. A refundable fee in the form of a check of money order for
the amount of $500.00 shall bt submitted to Development Services. This
check will be held at Develor~ment Services Center. and will be returned to
the annlicant if all siens for the candidate or the issue for which the r~ermit
was issued is removed within seven days after the election. In the_case of
non-compliance with the requirements of this Code. the money in its entire~
will be used by the Development Services to take corrective actions.
2. Political campaign signs or posters within residentially zoned or used
property shall not exceed four square feet in size, and shall not be located
closer than five feet to any property line. Political signs placed within
residential districts shall require written permission from the property owner.
3. Political campaign signs or posters will be permitted in all other
zoning districts within a maximum copy area of 40 ~9,..square feet per sign,
and shall be located no closer than -1-5 10 feet to any property line. The
number of such signs shall be limited to one ~o-signs for each lot or parcel
per bulk permit issued for each candidate or issue.
4. All supports shall be securely built, constructed and erected to
conform with the requirements of this code.
5. The maximum height of any political campaign sign or poster, except
those that may be affixed to a wall, shall be limited to eight feet.
6. Political signs shall be erected not more than 60 42 calendar days
prior to an election or political event, and shall be removed within seven
calendar days after the election, event, or after the campaign issue has been
decided.
2.5.5.2.5.8.3.
Special events signs. A special events sign not exceeding 32 square feet in size may
be displayed to announce or advertise such temporary uses as fairs, carnivals,
circuses, revivals, sporting events, or any public, charitable, educational event. Such
sign shall be located no closer than 4-5 10 feet to any property line. Such signs shall
require a building permit.
I3
3110
2.5.5.2.9.
Specialpurpose signs (on-site). Due tO the unique and varied nature of the following
uses, additional signs may be required to provide the desired level of service to the
public. Special purpose signs shall be permitted as follows:
2.5.5.2.5.9.1.
Time and temperature signs. One time and temperature sign having a surface area
not exceeding 12 square feet shall be permitted at each industrial, commercial or
other non-residentially zoned property. Such signs may be affixed to the structure of
a ~ monument sign. Such sign shall require a building permit.
2.5.5.2.5.10. Commercial, business park and industrial directional or identification signs.
Directional or identification signs no greater than six square feet in size~ ~
height, and located internal to the subdivision or development and with a minimum
setback ofl0 4-5 feet, may be allowed subject to the approval of the community
development and environmental services administrator, or his designee. Such sign
shall only be used to identify the location or direction of approved uses such as sales
centers, information centers, or the individual components of the development;,
12directional or identification signs maintaining a common architectural theme
maybe combined into a single sign not to exceed six feet in height and 64 square feet
in area. Such signs shall require a building permit. For signage to be located along
the Golden Gate Parkway, see division 2.2, sections 2.2.21.1 and 2.2.21.6.2 and the
Golden Gate Master Plan. Logos shall not occupy more than 20 percent of the
directional si_ma area when the said si_ma is more than six sa_uare feet in area.
Directional si_mas are also subject to restrictions of section 2.5.6.2. of this code.
2.5.5.2.5.11. On-premise signs within agricultural districts ~ the rural a_~cultural area designated
on the future land use man of the growth management plan. On-premises si~cma shall
be permitted within agriculturally zoned or used property, for agri-commercial uses
defined within the Collier County zoning ordinance only, and subject to the
following restrictions:
2.5.5.2.5.11.1.
One pole or ground sign identifying the farm organization, located at the entrance or
gate of each street frontage, and only for permitted agricultural uses. The maximum
allowable sign area for each pole or ground sign shall not exceed 100 square feet
with a maximum height of 20 feet, and shall be located a minimum of 15 feet from
any property lines, public or private right-of-way or easement.
2.5.5.2.5.11.1.1. On premise signs within a_ericultural zoned districts in the urban area shall
comply with the rea_uti'meats of section 2.5.5.3.2. of the land development
2.5.5.2.5.1 1.2. Seasonal farm signs (on-site). One ttanporary ~ ground sign, with a maximum
heir_hr of 10 feet. and located a minimum of 10 feet from any property_ line. public
or private right-of-way or easement, identifying the farm, farm orgamzation,
entrance, or gate not exceeding 40 square feet in area. This sign shall be used to
identify temporary agricultural offices so as to expedite the exportation of crops t,
14
various parts of the county. Such signs shall be permitted for a period not to exceed
30 days and may be issued only twice in any calendar year. Such signs shall require a
building permit.
2.5.5.2.5.11.3.U-Pic signs. One U-Pic sign located at the entrance on each street frontage. The
maximum allowable sign area for each U-Pic sign shall not exceed 32 square feet in
area and a maximum height of 10 feet, and shall be located a minimum of-l-5 10 feet
from any property line, public or private fight-of-way or easement.
2..5.5.2.5.11.4.
Wall, mansard canopy or awning signs within agricultural districts. Wall, mansard,
canopy or awning signs shall be permitted within agriculturally zoned or used
property, for agri-commercial uses defined within the Collier County zoning
ordinance only, and subject to the following restrictions:
1. One wall or mansard, canopy or awning sign shall be permitted for
each principal use structure on the parcel. Comer parcels or double-frontage
parcels shall be allowed one sign per street frontage, but such signs shall not
be combined for the purpose of placing the combined area on one wall. The
maximum allowable display area for any sign shall not be more than 15 gO
percent of the total square footage of the wall to which it is affixed, and shall
not in any case exceed 150 259 square feet in area per sign.
2.5.5.2.5.12.
Off-premises directional signs. Off-premises directional signs are permitted subject
to review and approval of the design and location of such signs by the community
development and environmental services administrator, or his designee, if the
following requirements are met:
1. Off-premises directional signs shall only be permitted in
nonresidentially zoned, or agricultural districts.
2. No more than two one sided or one double sided off-premise
directional signs shall be permitted, identifying the location and nature of a
building, structure, or use which is not visible from the arterial roadway
serving such building, structure, or uses, provided:
1. Each sign is not more than 12 square feet in area.
2. The sign is not more than eight feet in height above the lowest
center grade of the arterial roadway.
3. The sign is located no closer than 44 10 feet to any property
line.
15
I, JAN 0 5
17/
4. The applicant must submit with the permit application
notarized, written permission from the property owner where the off-
site sign is located.
5. The sign shall only be located within 1,000 feet of the
intersection of the arterial roadway serving the building, structure, or
use.
Off-premises directional signs shall not be located closer than 50 feet from a
residentially zoned district.
Off-premises directional signs shall not be located closer than 100 feet from
another off-premises directional sign.
Sec. 2.5.6. Signs exempt from permitting.
In addition to those signs identified elsewhere in this code, the following signs are exempt from the
permit requirements of this code, and shall be permitted in all districts subject to the limitations set
forth below:
2.5.6.1.
Signs required to be maintained or posted by law or governmental order, rule, or
regulation.
2.5.6.2.
On-premises directional signs, not exceeding six square feet in area ~
hgighI, intended to facilitate the movement of pedestrians and vehicles within the site
upon which such signs are posted. On-premises directional signs shall be limited to
two at each vehicle access point and a maximum of four internal to the development.
Internal signs are not intended to be readily visible from the road. Directional si_cms
are also subject to restrictions of section 2.5.5.2.5.10. of this code.
2.5.6.3.
one identification sign, professional nameplate, or occupational sign for each
professional office, or business establishment not to exceed two square feet in sign
area and placed flush against a building face or mailbox side, and denoting only the
name of the occupant and, at the occupant's election, the occupant's profession or
specialty and/or the street address of the premise.
2.5.6.4.
Memorial plaques, cornerstones, historical tablets, and similar types of
commemorative siEn.q when cut into any masonry surface or when constructed of
bronze or other noncombustible materials.
2.5.6.5.
"No Trespassing," "No Dumping," or other prohibitory or safety type signs, provided
each sign does not exceed three square feet in size.
2.5.6.6. one ground or wall "For Sale," "For Rent," or similar sign per street frontage
each parcel, or lot less than ten acres in size.
16
wm~4nd.4m,.~,n dd.ml. ,,,a[d. ldnhld.,~.ckiet ~m.d.-di[di[blndldl~ n.t. vmd m' nCCdinc,
JAN Il 5 2000
.17,,R
2.5.6.7.
One on-premises sign for model homes, approved in conjunction with a temporary
use permit in any zoning district.
2.5.6.8.
One on-premises open house sign not to exceed four square feet in size. Such sign
shall not be located within -1-5 10 feet of any property line, fight-of-way or access
easement.
2.5.6.9.
Bulletin boards and identification signs for public, charitable, educational or
religious institutions located on the premises of said institutions and not exceeding
12 square feet in size.
2.5.6.10.
Signs located on fences or walls surrounding athletic fields, or within sports arenas,
stadiums and'the like, not to exceed 32 square feet in size, per sign. Signs shall be
oriented along the fence or wall to face the field(s) or playing area, and away from
any adjacent public or private roads.
2.5.6.11.
Traffic control and safety signs or other municipal, county, state or federal signs,
legal notices, railroad crossing signs, danger signs and such temporary emergency
signs when erected by an appropriate authority.
2.5.6.12.
Window merchandise displays which are changed on a regular basis, meaning no le~
frequently than every 30 days.
2.5.6.13.
Non-electrical, non-illuminated and non-reflective -4g:~dow signs not exceeding 25
percent of each window area.
2.5.6.14.
Signs located at the entrance drive of residences located upon 2.25-acre lots or
greater, displaying the name and address of the resident and not exceeding four
square feet in area.
2.5.6.15.
Flags, or insignias of governmental, religious, charitable, fraternal or other nonprofit
organizations when displayed on property owned by or leased to said organization.
Non-commercial flags that will be flown on a flagpole that does not exceed 15 feet in
height above finish grade or extend more than ten feet from any building they are
attached to, are allowable if the number of flags displayed does not exceed tho~e
described in section 2.5.5.2.3.8 and the flagpoles do not require a certified design or
be sealed by a Florida registered engineer as described in section 2.5,5.2.3.8.
2.5.6.16.
Advertising and identifying signs located on taxicabs, buse~ trailers, trucks, or
vehicle bumpers, provided such sign does not violate section 2.5.7 of this eod~.
2.5.6.17.
Religious displays that do not constitute advertising.
17
2.5.6.18.
Painting, repainting or cleaning without modi .fying the existing si_ma copy or desi_ma
of an advertising structure, or changes which are determined by the planning services
director to be less than a substantial improvement.
2.5.6.19.
Copy changes for shopping center, theaters, billboards or marquees that have routine
changes of copy, or are specifically designed for changes of copy.
2.5.6.20.
One ground or wall sign may be used as a construction sign by the general contractor
of the development, within each front yard for each parcel less than ten acres in size
2.5.6.21.
Temporary signs in conjunction with an approved temporary use permit.
Sec. 2.5.7. Prohibited signs.
It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained,
any sign not expressly authorized by, or exempted from this code. The following
signs are expressly prohibited:
2.5.7.1.
Signs which are in violation of the building code or electrical code adopted by
Collier County.
2.5.7.2.
Abandoned signs.
2.5.7.3.
Animated or activated signs, except time and temperature signs.
2.5.7.4.
Flashing signs or electronic reader boards.
2.5.7.5.
Rotating signs or displays.
2.5.7.6.
Illuminated signs in any residentially zoned or used district, except residential
identification signs, residential nameplates, and street signs that are illuminated by
soft or muted light. Nonresidential uses within residentially used or zoned districts
by conditional use, PUD ordinance, or as otherwise provided for within the zz-;_2ng
zr~:~nz: Land Development Code, shall be allowed the use of illuminated signs,
subject to the approval of the community services administrator or his designee.
2.5.7.7.
2.5.7.8.
2.5.7.9.
Signs located upon, within, or otherwise encroaching upon county or public rights-
of-way, except as may be permitted under the provisions of Ordinance [No.] 82-91,
as amended, and those erected by a governmental agency or required to be erected by
a governmental agency.
18
Billboards.
Strip lighted signs.
JAN 0 b
2.5.7.10.
2.5.7.11.
2.5.7.12,
2.5.7.13.
2.5.7.14.
2.5.7.15.
2.5.7.16.
2.5.7.17.
2.5.7.17.1.
2.5.7.17.2.
2.5.7.18.
2.5.7.19.
2.5.7.20.
2.5.7.21.
Neon type signs, except non-exposed neon si[ms covered with an opaque or
translucent shield which will prevent radiation of direct light, within all commercial
and industrial districts.
Roof signs.
Portable signs.
Signs which resemble any official sign or marker erected by any governmental
agency, or which by reason of position, shade or color, would conflict with the
proper function of any traffic sign or signal, or be of a size, location, movement,
content, color, or illumination which may be reasonably confused with or consmaed
as, or conceal, a traffic control device.
Signs, commonly referred to as snipe signs, made of any material whatsoever and
attached in any way to a utility pole, tree, fence post, stake, stick or any other object
located or situated on public or private property, except as otherwise expressly
allowed by, or exempted from this code.
Wind signs (except where permitted as part of section 2.5.5 and 2.5.6 of this code).
Any sign which is located adjacent to a county right-of-way within the
unincorporated areas of the county which sign was erected, operated or maintained
without the permit required by section 2.5.12 having been issued by the community
development services administrator or his designee shall be removed as provided in
section 2.5.7. Such signs shall include but are not limited to structural signs,
freestanding signs, [and] signs attached or affixed to structures or other objects.
Any description or representation, in whatever form, of nudity, sexual conduct, or
sexual excitement, when it:
Is patently offensive to contemporary standards in the adult community as a whole
with respect to what is suitable sexual material for minors; and
Taken as a whole, lacks serious literary, artistic, political, or scientific value.
~aY_Sigll_~S~ B ~mits audible sound, vapor, smoke, or gaseous matter.
An_v si_ma which O llbstme~ conceals, hide~, or othcmdse obscures from vi~wt mY
official traffic or government sign, signal, or device.
2MaY_g~iSll_W. ll~ ~ ~nploys motion, has visible moving parts, or gives the illin
motion (excluding time and temperature signs).
19
JAN
2.5.7.22.
&!~Jllll_.~Y. hi~ t is erected or maintained so as to obstruct any firefighting
equipment, window, door, or opening used as a means of ingress or egress for fire
escape purposes including any opening required for proper light and ventilation.
2.5.7.23.
~ G constitutes a traffic hazard, or detriment to traffic safety by reason
of its size, location, movement, content, coloring, or method of illumination, or by
obstructing or distracting the vision of drivers or pedestrians.
2.5.7.24.
Signs mounted on a vehicle, be it the roof, hood, mink, bed, and so on, where said
sign is intended to attract or may distract the attention of motorists for the purpose of
advertising a business, product, service, or the like, whether or not said vehicle is
parked, or driven, excluding emergency vehicles, taxi cabs, and delivery vehicles,
where a roof mounted sign does not exceed two square feet. This section shall not
apply to magnetic type signs affixed to or signs painted on a vehicle, ~
vehicle is used in the course of _operation of a business, and which are not otherwise
prohibited by this code. It shall be considered unlawful to park a vehicle and/or
trailer with si_t,n.q painted, mounted or affixed, on site or sites other than that at which
the firm. product, or service advertised on such signs is offered.
2.5.7.25.
~ Ullses flashing or revolving lights, or contains the words "Stop,"
"Look," "Danger," or any other words, phrase, symbol, or character in such a manner
as to interfere with, mislead, or confuse vehicular traffic.
2.5.7.26.
Any sign which advertises or publicizes an activity not conducted on the premises
upon which the sign is maintained, except as otherwise provided for within this code.
2.5.7.27.
No sign shall be placed or permitted as a principal use on any property, in any zoning
district except as follows: U-Pie signs, political sigmas or si~t,n.q approved by temporary
permit pursuant to the time limitations set forth herein.' ~
2.5.7.28.
Inflatable signs.
2.5.7.29.
Accent lighting as defined in this code.
Illuminated si.t, ns. neon or otherwise, installed inside businesses and intended to be
seen from the outside
Sec. 2.5.8. Termination of prohibited signs.
All signs expr~aly prohibited by .section 2.5.7: and their supporting smtetur~, shall be removi~d
within 30 days of notification that the sign is prohibited by the Collier County Code Enforcement
Director, or his designee, or, within 30 days of the end of the amortization period contained in
section 2.5.9. or, in the alternative, shall be altered so that they no longe~ violato section 2.5,' ,, , ~ rrr~
,_ _ -:-,.__"- .... , -'-~ ........:z::_-:- : --- __-: ~ JAN § 5 ~[]O
Billboards with an original cost of $100.00 or more, and which have been legally permitted, shall be
treated as nonconforming signs and removed pursuant to section 2.5.9.3.
Sec. 2.5.9. Nonconforming signs.
Existing signs not expressly prohibited by this code and not conforming to its provisions shall be
regarded as nonconforming signs.
2.5.9.1.
The following signs, and sign structures shall be removed or made to conform to this
code within 90 days from the effective date thereof.
2.5.9.1.1. Signs made of paper, cloth or other nondurable materials.
2.5.9.1.2. All temporary signs.
2.5.9.1.3. Those signs described in sections 2.5.6.7, 2.5.6.13, 2.5.6.14, 2.5.6.17, and 2.5.6.18.
2.5.9.1.4,
All non-conformin.~ on-premises si.t, ns, and si_ma structures having an ori~nal coat or
value of $I00.00 or more. and ori.t, inally built prior to January 1't 1991. and all
illuminated and/or animated ~j~t, ns, neon or otherwise, installed inside businesses and
intended to be seen from the outside may be maintained until January 1st. 2003 and
all si_cms originally built between January 1'~ 1991 and January. 5.20~ ma.v be
maintained until January. 1".. 2010. at which dates all non-conformin~ on-premises
si.mas and si.ma structures must be made to comply with the re~.uirements of this code
or removed, except as provided below:
2.5.9.1.4.1.
Non-conforming on-premises si_cms that ~xceed the maximum height or area
limitation of this code by ten (.10) percent or less ma_vbe considered to be a
conforming si_ma and need not be removal or altered, but if such si_man are renlaced or
structurally altered they shall conform to all rea_uirements of this code.
2.5.9.2.
Nonconforming off-premises signs. All nonconforming off-premises si~s, and sign
structures having an original cost or value of $100.00 or more may be maintained for
the longer of the following periods:
2.5.9.2.1.
Two years from the date upon which the sign became nonconforming under this
ordinance.
2.5.9.2.2.
A period of three to seven years from the effective date of this ordinance, according
to the amortization table below.
2ooo
Sign Cost/Value
$100.00 to $1.000.00 3
$1,001 ~00 to $3,000.00 4
$3,001.00 to $10,000.00 5
More than $10,000.00 7
Permitted Years from
Effective Date of
this Amendment
2.5.9.2.3.
Any owner of an off-premises sign who requests an amortization period longer than
two years shall, within one year fi.om the date of enaclment of these regulations,
register the sign with the code enforcement director, or his designee. The following
information shall be provided at the time of registration; the cost or value, whichever
is greater, of the sign; the date of erection; or the cost or value and date of the most
recent renovation; a photograph of the sign or signs and tho supporting structure,
not less than five inches by seven inches in size; and a written agreement to remove
the sign at or before the expiration of the amortization period applicable to the sign.
The off-premise sign owner's signature shall be witnessed before a notary public on
all requests for extended amortizations. A registration fee of $50.00 shall be paid at
the time of registration.
Sec. 2.5.10. Continuation of nonconforming signs.
Subject to the limitations imposed by section 2.5.9 of this code, a nonconforming sign may be
continued and may shall be maintained in good condition for the duration of amortization period as
required by this code, but shall not be:
2.5.10.1.
Structurally or mechanically extended or altered to further the nonconformity, except
in cases where it has been determined that there exists imminent danger to the public
safety.
2.5.10.2.
Repaired or rebuilt when destroyed or damaged to the extent of 50 percent or more of
its replacement value, except in conformity with this code.
2.5.10.3.
A nonconforming permanent on-premises or off-premises sign shall not be replaced
by another nonconforming sign except that substitution or interchange of letters, on
nonconforming signs shall be permitted through the period of nonconformity
established by this code.
JAN 0 5 2ffil
2.5.10.4.
Continued in use when any land use to which the sign pertains has ceased for a
period of 90 consecutive days, or has otherwise changed.
2.5.10.5.
Nonconforming status shall not be afforded to any sign erected without the required
permit issued by the county, state, or any federal agency either before or after the
enactment of this code, or to any pre-existing signs which have been illegally
installed, constructed, placed or maintained.
2~5.10.6.
In the case of sign which would be permitted by, and conform to, the regulations of
this code, except that such signs violate the maximum height, minimum setback from
a property line, maximum sign area and other similar development standards, the
planning services director, or his designee, may approve structural alterations upon
written request, provided the sign and or supporting structure is redesigned so as to
remove one or more of the nonconforming aspects of the sign.
Sec. 2.5.12. Permit applications.
2.5.12.1.
General Any person wishing to erect, place, rebuild, reconstruct, relocate, alter, or
~ ~ the sign copy (see section 2.5.5. for exceptions) of any sign shall
apply for and receive a building permit in accordance with Resolution 91-642, prior
to the commencement of any work. A building permit will be issued by the
community development services administrator, or his designee, provided that all
permit requirements of the code and all other applicable provisions of Collier
County's ordinances and regulations have been met.
2.5.12.2.
Perrnitfees. A building permit fee shall be collected pursuant to the fee schedule set
forth by resolution.
2.5.12.3.
2.5.12.4.
Form. Every application for a building permit shall be in writing upon forms to be
furnished by the community development and environmental services administrator,
or his designee.
Application contents. In order to obtain a pecatit to erect, place, rebuild, reconstruct,
relocate, alter or c~':cc r&allg~ the sign copy of any sign under the provision of this
code, an applicant shall submit to the building official a building permit application
which shall set forth in writing a complete description of the proposed sign
including:
2.5.12.4.1.
The name, address and telephone number of thc: (a) owner and lessee of the sil~ and
(b) sign contractor or erector of the sign.
2.5.12.4.2.
The legal description and the street address of the property upon which the s~
~ is to
~nt.M
2.5.12.4.3. The dimensions of the sign including height.
2.5.12.4.4. The copy to be placed on the face of the sign.
2.5.12.4.5.
Other information required in the permit application forms provided by the
community development and environmental services administrator, or his designee;
including two copies of the site plan, elevation drawings of the proposed sign and
identification of the type, height, area and location of all existing "~" ~; ....... '~
o,r~ ............ j l~ signs on the subject parcel, and a color renderin$ of
the proposed si~m~, showing the back~ound and lettering colors, and color of lidats..
for li.v. hteql sigmas,
2.5.12.4.6.
Two blueprints or ink drawings, certified by a Florida registered engineer or
architect, of the plans and specifications and method of construction and attachment
to the building or the ground for all ~ monument signs and all projecting signs;
and any ground sign over 32 square feet.
2.5.12.4.7.
Wall signs, or any separate part thereof, which is to be affixed to a wall shall be
fastened flush with the surface with fasteners which shall have the capacity to carry
the full load of the sign or separate part thereof under wind load conditions of the
approved Collier County Building Code Ordinance [Code § 22-106 et seq.], Flood
Ordinance [Code ch. 62. art. II], and the Coastal Building Zone Ordinance [Code ch.
22, art. VIII]. Any such sign or separate part thereof which is not mounted flush with
the surface and which weighs more than 20 pounds shall have a Florida registered
engineer design the mounting or fastening system and depict the system on signed
and sealed drawings which shall accompany the permit application.
2.5.12.4.8.
If the sign or sign copy is to be illuminated or electronically operated, the technical
means by which this is to be accomplished.
2.5.12.4.9.
The permit number shall be displayed or affixed at the bottom of the sign face and
shall have the same life expectancy as the sign. Such permit number shall be clearly
legible to a person standing five feet in fi'ont of the base of the sign and in no case
shall the permit number be less than one-half inch in size.
2.5.12.5.
Expiration of permit. Building permits shall expire and become null and void if the
work authorized by such permit is not commenced and inspected within six months
fi.om the date of issuance of the permit.
/ldherence to the unified signplan: Req_uests for building permits for _tmrmanent on-
premise si_tins shall adhere to the unified si_m~ plan_ which nhall be kept on file in the
communi _ty development and ~lyi/onmental services division. Ren_uests to _t~-mtit a
new si_tm_ or to relocate, replace or strut_rurally alter an existing sign shall be
accompanied by a unified si_ma plan for the building or project the si_gn is acce~
to. Existing _tm*rnitted si_t~n~ may remain in place; however, all future rea_uest~ fi
24
JAN I15 2000
permits, whether for a new si_m~, or relocation- alteration, or replacement of an
existing sign. shall adhere to the unified si_ma plan for the property_.
Sec. 2.5.13. Enforcement.
2.5.13.1.
General. No sign shall hereafter be erected, placed, altered or moved unless in
conformity with this code. All signs located within Collier County shall comply with
the following requirements:
2..5.13.1.1.
The issuance of a sign permit pursuant to the requirements of this code shall not
permit the construction or maintenance of a sign or structure m violation of an
existing county, state or federal law or regulation.
2.5.13.1.2.
All signs for which a permit is required shall be subject to inspections by the county
msaag~ ~;tJIdl:gtlI~g_or his designee. The county mmm~mr-lll~illlig/~:lg~, or his
designee, is hereby authorized to ent~ upon any property or premises to ascertain
whether the provisions of this code are being adhered to. Such entrance shall be
made during business hours, unless an emergency exists. The county mom~g~
administrator, or his designee, may order the removal of any sign that is not in
compliance with the provisions of this code, is improperly maintained, or which
would constitute a hazard to the public health, safety, and weffare.
2.5.13.1.3.
The community development and environmental services administrator, or his
designee shall be charged with interpretation and enforcement of this code.
2.5.13.2.
Enforcement procedures. Whenever, by the provisions of this code, the performance
of an act is required or the performance of an act is prohibited, a failure to comply
with such provisions shall constitute a violation of this code.
2.5.13.2.1.
The owner, tenant, and/or occupant of any land or structure, or part thereof, and an
architect, builder, contractor agent, or other person who knowingly participates in,
assists, directs, creates or maintains any situation that is contrary to the requirements
of this code may be held responsible for the violation and be subject to the penalties
and remedies provided herein.
2.5.13.2.2.
Where any sign or part thereof violates this code, the compliance service mam~'r or
his designee, may institute any appropriate action or proceedings to prevent, resl~in,
correct, or abate a violation of this code, as provided by law, including prosecution
before the Collier County Code Enforcement Board against the owner, agent, levee,
or other persons maintaining the sign, or owner, or lessee of the land where th~ ~ign
is located.
2.5.13.2.3.
If a sign is in such condition as to be in danger of falling, or is a menace to the aafety
of persons or property, or found to be an immediate and serious danger to tho
2.5.13.2.4.
2.5.13.2.5.
because of its unsafe condition, the provisions of section 2301.6 of the Standard
Building Code, as adopted by Collier County shall govern.
Code enforcement shall immediately remove all violative signs located in or upon
public rights-of-way or public property.
Penalties. If any person, firm or corporation, whether public or private, or other
entity fails or refuses to obey or comply with or violates any of the provisions of this
code, such person, firm. corporation, or other entity, upon conviction of such
offense, shall be guilty, of a misdemeanor and shall be punished by a fine not to
exceed $500.00 or by imprisonment not to exceed 60 days in the county jail, or both,
in the discretion of the court. Each violation or noncompliance shall be considered a
separate and distinct offense. Further, each day of continued violation or
noncompliance shall be considered as a separate offense. Nothing herein contained
shall prevent or restrict the county from taking such other lawful action in any court
of competent jurisdiction as is necessary to prevent or remedy any violation or
noncompliance. Such other lawful actions shall include, but shall not be limited to,
an equitable action for injunctive relief or an action at law for damages.
Further, nothing in this section shall be construed to prohibit the county from
prosecuting any violation of this code by means of a code enforcement board
established pursuant to the subsidiary of F.S. ch. 162.
26
JAN 0 § 2QQ0
edetrict thl~ county fro~ taking sul[,h other lawl~l action~n, any co .u~of
petent~urisdictio~as is necess~, to preven~or remedy any vio~fion or
omp ia e. Such o er la .wful. al o. sba, i lude, sh i,not
tsO., an~quitable a~tion tbr inj6~ctive reliet~r an acu~n at law t~
prosecuting any v'i~iation of t~is ~sofa colic enford~iment boa~
establish~ pursua~ to the subsidiary of F.~ ch. 162. ~
SUBSECTION 3.F: AMENDMENTS TO SUPPLEMENTAL REGULATIONS
DIVISION
Division 2.6, SUpplemental District Regulations, of Ordinance 91-102. as amended,
the Collier County Land Development Code, is hereby amended to read as follows:
DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS
Sec. 2.6.2. Accessory building and structures.
2.6.2.4.
Canopy Tents / Shades. Canopy tents/shades shall be permitted in residential
and estates zoned areas in accordance with the side and rear setbacks for the
applicable zoning district. These structures are expressly prohibited on the
street side of the front wall of any structure or building in a residential zoning
district, including estates zoning. A building permit shall be obtained for
these structures ~c0mPanied by a plot plan and is limited to one smaeture per
residential lot with a vrinci~tml structure. These structures shall co~'ist of
metal poles suvt~orts with canopy toys and no sides. The maximum size of
these structures shall be 300 square feet, not to exceed 15 feet in height. The
use of these structure~ shall be for the storage/parking of recreational
vehicles, vehicles authorized in residential areas, and as a sun shade fol'
outdoor recreating. At no time shall these structures be used for any other
type of storage or be permitted with electrical or other utility connections.
Sec. 2.6.4. Exceptions to required yards.
2.6.4.1.10.
In c~mmercial, industrial and multi-family residential develovments, carports
which are open on all sides may encroach into the required yards provided
they do not encroach into the required landscape buffers, as required by this
Code; and furthermore, if the landscaping is deficient where the carports are
proposed, the landscaping must be upgraded to comply with the LDC
requirements to the greatest extent possible prior to the issuance of a building
permit for said carports. This shall be accomplished by a Site Development
Plan amendment or a Site Improvement Plan approval.
2.6.4.3.
Minor improvements to legal nonconforming structures located within a
residential zoning district.
2.6.4.3.1.
Where a structure was lawfully permitted within a residential zoning district
under a previous code, and where said structure is considered nonconforming
under the current land development code due to changes in the required front,
side or rear yards, the site development review director may administratively
approve a variance for an amount equal to or less than the existing front, side
and/or rear yard encroachment. Canopies, windowsills or other projections as
provided for within section 2.6.4.1 shall not be used in the calculation of
existing front, side and/or rear yard encroachments.
See. 2.6.21. Dock faeilities.
Words :_..._=u_ ...~...=:~.~. are deleted, words underlined are added.
47
2.6.21.2.
2.6.21.2.1.
2.6.21 .....
2.6.21.2.3.
2.6.21.2.4
Dock facility requirements and restrictions. The following criteria apply to
dock facilities and boathouses. Platted waterway width, where available,
shall be considered tree waterway width for the purposes of this section.
For lots. on a c=nal .~r waterway that is 100 feet or greater in width, no
boathouse, dock facility/boat combination shall protrude more than 20 feet
into the waterway (i.e. the total protrusion of the dock facility plus the total
protrusion of the moored vessel).
For lots on a zar~ er waterway that is less than 100 feet in width, dock
facilities may extend/protrude not greater than five feet into said za-~l er
waterway. No dock extension shall be granted to allow a dock facility/bom
combination to protrude more than 20 feet into the waterway and/or cause
less than a minimum of 50 percent of the ptatted-e-an~ width of the waterway
between dock structures/moored vessel(s) on the opposite side of the canal
waterway to be unobstructed, whichever is more restrictive.
For lots on a car~ or waterway that is less than 70 feet in width, the dock
facility extension procedure identified in section 2.6.21.3 is not available (i.e.,
such lots are limited to a five-foot dock facility.).
All dock facilities on lots with water frontage of 60 feet or greater shall have
side setback requirement of 15 feet, except as provided in sectizn.~ section
2.6.21.2.4. I zr 2.5.2!.4 or as exempted below. All dock facilities (except
boathouses) on lots with less than 60 feet of water frontage shall have a side
setback requirement of 7lA feet. All dock facilities (except boathouses) on
lots at the end or side end of a :~':al er waterway having regular (linear}
water frontage shall have a side setback requirement of 7 ½ feet as measured
from the side lot line or riparian line, whichever is appropriate. Fzr
2.6.21.2.4.1.
Riparian lines (see division 6.3, definitions, riparian line) for lots at the end or
side end of a waterway with a regular shoreline are established by a line
extendin~ from the comer of an end lot and side end lot into the waterway
bisecting equidistantly the angle created bv the two intersecting lots (see
Exhibit A). Riparian lines for all other lots should be established by
generally accepted methods, taking into consideration the configuration of the
shoreline, and allowing for the equitable apportionment of riparian fights.
Such methods include, but are not limited to, lines drawn perpendicular to the
shoreline for regular (linear) shorelines, or lines drawn perpendicular to the
centerline (thread) of the waterway, or perpendicular to the line of deep water
(line of navigabiliW or edge of navigable channel), as appropriate, for
irregular shorelines.
2.6.21.3.
Dock facility extension: boathouse establishment criteria. Additional
length/protrusion beyond said respective distances specified in section
2.6.21.2.1 and 2.6.21.2.2 for dock facilities; and all boathouses, regardless of
the extent of the protrusion into the waterway or the width of the waterway,
shall require public notice and a hearing by the Collier County Planning
Commission. As to any boat dock extension petition upon which the planning
commission takes action, pursuant to section 5.2.11 of this Code, an
aggrieved petitioner or adversely affected property owner may appeal such
final action to the board of zoning appeals, except that such appeal shall be
filed with the development services director within 14 days of the date of the
final action by the planning commission. The board of zoning appeals may
affirm, affirm with conditions, reverse, or reana~ with conditions the action
of the planning commission. Such appeal shall be filed with the community
Words ~ ar~ deleted, words underlined are added.
48
development and environmental services c,vm,'n[::!zn administrator, or his
de. signee and shall be noticed for heating with the board of zoning appeals
pursuant to the procedures and applicable fee set forth in section 1.6.6 of this
Code. The planning commission shall base its decision for approval, approval
with conditions, or denial, on the following criteria:
2.6.21.3.1.
Whether or not the number of dock facilities or slips to be located on the
subject property is appropriate in relation to the length of waterfront property
available for the location of the proposed dock facilities.
2.6.21.3.2.
Whether or not the water depth where the proposed dock facility is to be
located is sufficient to allow for safe mooring of the vessel, thereby
necessitating the extension request.
2.6.21.3.3.
Whether or not the proposed dock facility and moored vessel(s) in
combination may have an adverse impact to navigation within an adjacent
navigable channel.
2.6.21.3.4.
2.6.21.3.5.
Whether or not the proposed dock design and moored vessel protrude greater
than 25 percent of the width of the nav~,gab!e canal waterway greater than 20
feet for boathouses, and whether or not a minimum of 50 percent of the
F!aXed cm':al width Of the waterway between dock structures/moored
vessel(s) on the opposite side of the c."--':al waterway is maintained in order to
ensure reasonable waterway w:,d~ f~,r navigability.
Whether or not there are special conditions related to the subject property or
waterway which justify the proposed dimensions and location of the subject
dock.
2.6.21.3.6.
Whether or not the proposed dock is of minimal dimensions necessary in
order to adequately secure the moored vessel while providing reasonable
access to the boat for routine maintenance, without the use of excessive deck
area.
2.6.21.3.7.
Whether or not the proposed structure is of minimal dimensions to minimize
the impact of the view of the waterway by surrounding property owners.
2.6.21.3.8.
Whether or not the proposed vessel is in excess of 50 percent of the length of
the water frontage such that the addition of a dock structure will increase the
impact on or negatively impact the view of the waterway by surrounding
property owners.
2.6.21.3.9.
Whether or not the proposed location and design of the dock/vessel
combination is such that is i__f may infringe upon the use of neighboring
properties, including any existing dock structures.
2.6.21.3.10. Regarding existing benthic organisms in the vicinity of the proposed
extension.
(a)
Whether or not seagmsses are located within 200 feet of the proposed
dock; and
2.6.21.3.11.
(b)
Whether or not the proposed dock is subject to the manatee protection
requirements of this Code (section 2.6.22).
If deemed necessary based upon review of the above criteria, the planning
commission may impose such conditions upon the approval of an extension
request it deems as necessary to accomplish the purposes of this code and
protect the safety and welfare of the public. Such conditions may include, but
shall not be limited to, greater side setback(s), provision of light(s), additional
Words :::'-::_ u,r,v::g., are deleted, words underlined are added.
40
Sec. 2.6.$3.
reflectors, or t:eflectors larger than four inches, and prohibiting or permitting
mooring on the outside of the dock facility.
Temporary use permits.
2.6.33.4.
2.6.33.4.1.
Model homes and model sales centers.
Model homes and model sales centers shall be of a temporary nature and may
be allowed in any residential zoning district or residential component of a
PUD, in the estates zoning disttrct, and in the agricultural zoning district as
part of a rural subdivision, by the issuance of a temporary use permit;
however,.a model center as a permitted use within a PUD, and not located
within a dwelling unit, shall not require a temporary use permit. Model
homes and model sales centers are intended to facilitate the sale of the model
design, or of products similar in design to the model. Model homes and
model sales centers located within residential zoning districts, or within a
residential component of a PUD shall be restricted to the promotion of a
product or products permitted within the residential zoning district or PUD in
which the model home or model sales center is located and further subject to
the following:
Model homes shall only be permitted for dwellings which have not
been previously used as a residence.
A model home or model sales center is not intended to allow the full
scope of real estate activities and shall be restricted primarily to the
sale and marketing of the model, or products similar to the model. A
model home shall not include offices for builders, contractors,
developers, or similar activities.
Model homes may be "wet" or "dry." Model homes permitted as "dry"
models (unoccupied by a sales office and/or representative) shall be
limited to a conditional certificate of occupancy allowing the use of
the structure as a model only provided all required infrastructure is in
place to service the unit. Model homes permitted as "wet" models
(occupied by a sales office and/or representative) shall not be
occupied until such time as all required infrastructure is available to
service the unit and a permanent certificate of occupancy has been
issued. Transportation to and from unoccupied model homes is
provided at a sales center, which also provides required parking and
handicapped accommodations in accordance with section 2,6.33.2.
Model homes occupied by a sales office and/or representative must
have all required landscaping, parking, and handicapped access on
site. A temporary use permit for a model home_(occupied or
unoccupied) shall be issued initially for a period of three years.
Extensions in excess of this period shall require submittal and
approval of a conditional use petition in accordance with section
2.7.4. of this code.
Model sales centers may be located in either a temporary structure,
usually a mobile home, or a permanent structure which is either a
residential dwelling unit or a non-residential structure~ Temporary
use permits shall be issued as follows:
A temporary use permit for a sales center in a temporary
structure shall be issued initially for a period of three years and
may be renewed annually based upon demonstration of need.
A temporary use permit for a sales center in a permanent
structure which is a residential dwelling unit shall be issued
Words :,.'~,:;~ :Src::g5 are deleted, words underlined are added.
50
initially for a period of three years. Extensions in excess of
this period shall require submittal and approval of a
conditional use petition in accordance with section 2.7.4. of
this code.
A temporary use permit for a sales center in a permanent
structure other than a residential dwelling unit shall be issued
initially for a period of three years and may be renewed
annually on demonstration of need.
Temporary use permits for model homes or model sales centers to be
located within a proposed single-family zr mult:, fz.:v.:.!y development
prior to final plat approval may be requested by the applicant and
require I) administrative approval of a plat and construction plans
showing all required infrastructure for the lot(s) on which the model
home or model sales center is located, and 2) a site development plan
(SDP) pursuant to division 3.3, subject to the following:
(a)
A maximum of five models, or a number corresponding to ten
percent of the total number of platted lots, whichever is lesser,
per platted, approved development, shall be permitted -:AtF2n
.......... ~ ~ .... ~ ...... prior to final plat approval as
specified pe,":r2~ed above.
(b)
The applicant shall provide documentation that all required
utilities will be available to the subject site, and, where
required, shall depict such utilities in detail on the site
development plan.
(c)
The parcels on which the models are located must abut a
privately owned and maintained road, temporary in nature or
permanently constructed to Collier County roadway standards.
(d)
The boundaries depicted on the preliminary subdivision plat
shall be depicted on the site development plan in order to
ensure compliance with the applicable development standards
in effect on the subject property.
(e)
Final lot grading and drainage conveyance shall be in
conformance with the master grading plan for the project as
depicted on the preliminary subdivision plat submittal
documents.
Temporary use permits for model units or units used for sales centers
in multi-family projects will not be issued prior to plat recordation
and final approval of the proiect site development plan.
All other temporary use requests for model homes shall require the
submission of a conceptual plan which demonstrates that provisions
will be made to adequately address the requirements of section
2.6.33.2.
Temporary use permits for a model sales center within an existing
subdivision shall require a site plan as follows: In the case of a
permanent structure which is a dwelling unit, a site improvement plan
(SIP) per section 3.3.8.4. of this code; in the case of a permanent
structure which is other than a dwelling unit, a site development plan
(SDP); in the case of a temporary structure (mobile home or sales
trailer), either a conceptual site plan (CSP) which addresses the
requirements of section 2.6.33.2. of this code, or a site improvement
plan, depending on the extent of the work required.
Words r...~---'zk '.?.r~.ugh are deleted, words underlined are added.
51
Temporary use permits for model homes to be located within a
proposed single-family er mu!t! family development may be approved
following administrative approval of a plat and construction drawings
'for all required infrastructure encompassing the lots on which the
models are to be constructed pursuant to division 3.2, and a
conceptual site plan which addresses the requirements of section
2.6.33.2. of this code. Unoccupied (dry) model homes will be
permitted only in conjunction with an approved SDP for a model sales
center which provides adequate parking to support the model(s).
Temporary use permits for occupied (wet) model homes following
subdivision approval shall require a conceptual site plan which
addresses the requirements of section 2.6.33.2. of this code.
Temporary use permits for unoccupied model homes following
subdivision approval shall require a conceptual site plan and shall be
issued only in conjunction with an approved site development plan or
site improvement plan for a model sales center which provides
adequate parking to support the model(s).
Sec. 2.6.35. Communication towers.
2.6.35.1.
Purpose and intent. This section applies to specified communication towers
that support any antenna designed to receive or transmit electromagnetic
energy, such as but not limited to telephone, television, radio or microwave
,transmissions. This section sets standards for construction and facilities
siting; is to minimize where applicable adverse visual impacts of towers and
antennas through careful design, siting and vegetation screening; to avoid
potential damage to adjacent properties from tower failure; to maximize the
use of specified new communication towers and thereby to minimize need to
construct new towers; to maximize the shared use of specified tower sites to
minimize the need for additional tower sites: and to consider the concerns of
the Collier Mosquito Control District Cz~'~D' mzzq',::.tz czn:zzl d:.g+~ct as to
iow flying mosquito control aircraft safety.
2.6.35.5.1.
Shared use plans. Each shared use plan shall be in a standard format that has
been approved by the county administrator cz~:nty manager. Each shared use
plan shah specify in detail to what extent there exists tower and/or site
capacity to accommodate additional antennas and/or additional towers,
ancillary equipment and accessory uses. Available antenna capacity on a
tower shall be stated in detailed clearly understandable terms, and may be
stated in equivalent flat plate area and total additional available transmission
line capacity. The tower owner (as to tower shared use plans) and the
landowner (as to site shared use plans) shall update its respective approved
shared use plans by promptly filing pertinent update information with the
county ma':ager administrator. Owners of old towers and/or old sites may file
shared use plans in accord with this section.
1. Reservation of capacity. If an applicant for a shared use tower does
not plan to install all of its proposed antennas during initial
construction of the tower, the applicant must specify, the planned
schedule of installing such later added antennas as part of the shared
use plan. An applicant cannot indefinitely prevent the use of unused
available antenna space on a tower by reserving to itself such space.
No available space can be reserved for the owner or anyone else
unless approved in the shared use plan. If an antenna is not installed
by the scheduled deadline, the reserved space shall automatically be
rendered available for use by others unless the shared use plan has by
the deadline been amended with the approval of the county manager
administrator. Deadlines may be extended even if the tower is a
nonconforming structure. If space has been reserved in a shared use
Words :~,:c~ :~rw'g?. are deleted, words underlined arc added.
52
plan for future additional antenna use by the tower owner and it
becomes clear that such space will not be utilized by the owner, the
shared use plan shall be amended promptly to reflect the availability
of such space.
Reservation of site capacity. The policy stated above applies also to
additional tower space on an approved tower site to prevent indefinite
reservation of available site space.
Protection ofnonconforrnity. As an incentive to promote the filing of
shared use plans, old towers, whether or not conforming, and new
towers and/or tower sites that are conforming at the date of approval
of the initial shared use plan and/or any amendment thereto may
proceed in accordance with the approved plan irrespective of the fact
that the tower and/or tower site is then nonconforming. The intent of
this provision is to grandfather towers and/or new tower sites against
a nonconforming status to the extent that future capacity, including
accessory structures, is provided for in the shared use plan. If the
initial shared use plan or amendment to a shared use plan requires
approval of the board of county commissioners and it appears that the
site is threatened to become nonconforming for the intended use, the
pending nonconformity will be a material element in deciding
whether to approve or deny the application for the shared use plan or
amendment.
Notwithstanding anything to the contrary in any Collier County
ordinance, any then nonconforming tower that is destroyed by any
means to an extent of more than 50 percent of its actual replacement
cost at the time of destruction, as determined by a cost estimate
submitted to the zoning director, shall not be reconstructed or repaired
without conditional use approval.
Notwithstanding anything to the contrary in any Collier County
ordinance, including any provision of division 1.8 of the land
development code, a nonconforming tower and/or accessory
structures may be voluntarily reconstructed in any zoning district at its
site subject to the conditional use procedures of the land development
code provided such reconstruction complies with section 1.8.3.1. The
extended useful life of the tower and/or accessory structures that will
result from reconstruction shall not be construed to be an enlargement,
intensification, increase or extension of the nonconforming use. After
nonconforming facilities and/or accessory structures are reconstructed
under conditional use authorization, such facilities and/or accessory
structures shall be deemed to have a conditional use permit under
section 1.8.8 of the land development code.
Height bonus for sharing. Notwithstanding anything to the contrary in
an,/ Collier Count3, ordinance, any existing conforming or
nonconforming tower may be permitted a onetime increase in height,
provided:
Any such increase in height does not exceed 30 feet or 20 per
cent of the height of the existing tower, whichever is less;
6Er,,.qA I1'~
The cost of such increase in height does not exceed 50 per cent
of the actual replacement cost of the tower at the time of the
application;
A shared use plan covering the tower with the increased height
is first approved by the courtW administrator;
Words :..'rack :?.rz"g?. arc deleted, words underlined are added,
53
The increase does not cause the proposed tower to exceed any
required maximum height requirement for towers or make a
legally conforming tower become nonconforming;
Substantiated proof that such proposed antenna(s) may not be placed
on the existing tower by relocating or adiusting existing antennas and
equipment shall be submitted by an appropriate professional engineer
certified to practice in the State of Florida.
A site development plan shall be submitted for review and approval if
an increase in tower height requires placement of, or addition to, an
antenna equipment building or support building.
Filing shared use plans. Each approved shared use plan shall be filed
and recorded in the office of the Collier County clerk of courts prior
to any site development plan approval. A copy of the initial shared
use plan shall be filed with and approved by the county manager
administrator prior to conditional use approval.
Shared use plans for old towers and old tower sites. Initial shared use
plans and amendments for old towers require approval of the county
ma~nager administrator. Initial shared use plans and amendments for
old tower sites require approval of the board of county
commissioners, except where an amendment reduces site and/or
antenna capacity.
2.6.35.6.2.
Permitted ground-mounted towers. Towers not exceeding the stated
maximum heights are a permitted use subject to other applicable provisions
of this section, including separate requirements and shared use provisions.
Towers that exceed those specified maximum heights require variance
approval in accordance with section 2.7.5.
All commercial and industrial zoning districts and urban designated
area agricultural zoning districts: Any tower up to 75 feet in height is
a permitted use subject to minimum yard requirements. Any tower
that exceeds 75 feet in height up to a height of 185 feet is a lawful use
only if permitted or otherwise provided in the respective zoning
district and the base of such tower is separated from the nearest
boundary of any parcel of land zoned RSF-I through RSF-6, RMF-6,
E, RMF-12, RMF-16, RT, VR, MH, TTRVC, or PUD zoning of six
residential dwelling units or less, by a minimum distance in feet
determined by multiplying the height of the tower (in feet) by a factor
of 2.5. (lite minimum separation distance is 2 1/2 times the height of
the tower.) Towers which do not meet the separation requirement may
apply for a variance in accordance with section 2.7.5.
Agricultural zoning districts within the rural designated area: Towers
not exceeding 289 2513 feet.
All agricultural zoning districts: No tower that exceeds 25.__Q0 L>-80 feet
in height exclusive of any antenna affixed thereto shall be allowed on
any site comprising less than 10 gO acres under common ownership or
control except such towers can be approved as a conditional use on
sites of less than 10 gO acres ift~e tower i: *^ ~ ~ ..... ~ in ~' ....... ~
~-ea cf tke Fr~r, zse~ £:.te -_nd the applicant cannot with economic
feasibility acquire title to or control of a suitable tower site of at least
IO gO acres in the required geographic vicinity of the proposed tower
site.
Words :~-:~ :.':::"g.~ are deleted, words underlined are added.
54
2.6.35.6.6.
With the exception of rooftop towers and towers on essential services sites,
each new communication tower shall meet the tbilowing separation
requirements:
Each new tower that exceeds 185 feet in height shall be located not
less than 2.5 times the height of the tower at least 1,000 feet from all
RSF-1 through RSF-6, and RMF-6 zoning districts including planned
unit developments (PUDs) where the adjacent use(s) is/are, or
comparable to, RSF-I through RSF-6 and RMF-6 zoning districts. Ifa
part of a PUD is not developed and it is inconclusive whether the part
of a PUD area within such minimum separation distance from the
proposed tower site may be developed with a density of six units per
acre or less, it shall be presumed that the PUD area nearest to the
proposed site will be developed at the lowest density possible under
the respective PUD.
In addition, each such new tower that exceeds a height of 75 feet
excluding antennas, shall be separated from all boundaries of
surrounding property zoned RMF-12, RMF-16, E, RT, VR, MH,
TTRVC, H, and the residential areas of PUDs with existing or
planned densities greater than six units per acre by not less than the
total height of the tower including its antennas; and from all other
surrounding property boundaries by a distance not less than one-half
the height of the tower and its antennas, or the tower's certified
collapse area, whichever distance is greater.
2.6.35.6.30.
Controlling law. Upon written application for exception(s) by the tower
permit applicant, citing to specific provision(s) of allegedly controlling law,
staff shall, in writing, grant one or more specifically articulated exceptions to
these requirements herein, but only to the extent, in the opinion of the county
attorney, each applied-for exception is mandated by application of such
law(s) as then applied to the specific tower site.
2.6.35.6.12.
Tower lighting. Towers and antennas with a heieht greater than 150 feet shall
be required to have red beacon or dual mode lights unless exempted in
writing by the Collier county mosquito control district. Such lights shall meet
the then existing Federal Aviation Administration {FAA) technical standards.
No other towers or antennas shall be N~q~m~4~4-be artificially lighted
except as required by the FAA Federal Aviat;.~n A-4mL-'Ag~-at:.cn, the Federal
Communications Commission, or other applicable laws, ordinances or
regulations. If the FAA rules require lighting, then the applicant shall comply
with such rules.
AC:d~A ITE~4
JAN 0 5
2.~.25.6.!7.
d[v:,c~,on
Gr.':'.:nd :..eznted a.-nate~:r rad:.z t.ewem t?-t de .not exceed a ?.e:.ght of
Words ......... o~,,- are deleted, words underlined are added.
55
2.6.35.6.17.
Site Plans.
Additional Requirements. All new telecommunication towers and
facilities shall require a scaled site plan in accordance with division
3.3 and the following additional requirements as part of the buildin~
permit application:
Elevation drawings of the proposed telecommunications tower
or alternative tower structure, other structures, type of
construction, and whether construction will accommodate
sharing of additional antennas for future users;
Separation distances from nearest platted and unplatted
residential properties and existine and/or proposed towers that
are permitted by Collier County, and all setbacks from
adjacent properties and rights-of-way, and minimum
separation distances as required;
Landscaping and buffering plan showing specific landscaping
materials and method to maintain landscaping;
Location and type of fencing to be used;
e_. Finished color, camouflaging, and illumination, if applicable;
Statement by applicant certifying compliance with all
applicable federal, state, and local laws and requirements of
the FCC and FAA;
On-site land uses and zoning designation(s);
Legal descriptions;
Identification of the entities providing the backhaul network
for the tower(s);
A description of the suitability of the use of existing towers
and other structures located within the applicable search
radius; and
A map of the proposed coverage area and a propagation study
contrasting the proposed tower and tower site versus use of
other tower structures and sites within the effective radius.
JAN e 5 2L"2g
3._2..
Amendments. Additional towers, tower sites, buildings and accessory
thcilities on-site shall also require an amendment to the approved site
plan.
Exemptions. The following are exempt from division 3.3:
a_. Ground-mounted amateur radio towers that do not exceed a
height of 75 feet excluding antennas;
b_. Ground-mounted antennas and receive-only dishes that do not
exceed a height of 20 feet above natural grade.
Words :~-:'.: ::.rc::g:. are deleted, words underlined are added.
56
2.6.35.6.26.
Additional findings for variance and conditional use applications. In addition
to the findings for conditional use applications and variance applications as
required in sections 2.7.4 and 2.7.5 respectively of this code, the following
additiOnal findings shall be made by the Collier County planning commission
when considering such applications:
The applicant must demonstrate that the telecommunications
tower/antenna must be located where it is to serve the company's
system and service area and that sharing capacity is unfeasible or
unreasonable as to existing towers. Evidence must be provided which
considers the following:
Proximity of all nearby towers located within the effective
radius and whether or not they provide sharing of facilities.
If true, existing telecommunications towers and structures
located within the effective radius are not of sufficient height
for the proposed tower's service area. Such evidence must be
certified by an appropriate professional engineer certified to
practice in the state of Florida.
Existing towers and structures located within the effective
radius are not of sufficient structural strength to support the
applicant's proposed antennas and related equipment. Such
evidence must be certified by an appropriate professional
engineer certified to practice in the state of Florida.
Sharing would cause electromagnetic interference with either
the applicant's communication system or with existing
communication systems. Such evidence must be certified by
an appropriate professional engineer certified to practice in the
state of Florida.
Costs to share an existing tower or structure or to adapt an
existing tower or structure for sharing are unreasonable. Fees
and costs which exceed the costs to design and construct a new
telecommunications tower shall be presumed to be
unreasonable.
If applicable, other limiting factors, including but not limited
to natural and man-made environmental limitations.
JAN
Required certification. The applicant shall provide certification by a
professional engineer that the proposed telecommunications tower or
alternative tower structure is designed in accordance with the
standards specified in this article and those incorporated by reference
into this article, and that in case of collapse the telecommunications
tower or alternative tower structure will be contained on the parcel or
site, and that no structure other than those in direct support to the
operations of the telecommunications tower or alternative tower
structure shall be located within the fall zone.
Compliance with aviation regulations, The applicant must
demonstrate that the proposed tower complies with all state and
federal laws and regulations concerning aviation safety, including part
77 of the federal aviation regulations and part 17 of the FCC
regulations, and if planned to exceed 150 feet in height above grade,
has been submitted for review bv the Collier county mosquito control
district.
Words :..~.:':k t~re-'g~ are deleted, words underlined are added.
57
2.6.35.6.27.
Evidence of pursuing use of existing towers and tower sites. The
applicant must provide evidence of pursuing the use of existing
towers, structures, and facilities within the effective radius as
specified in section 2.6.35.2. Evidence shall include written
correspondence between the applicant and owner/operator of other
structures in the effective radius including a request for space, the
applicable rate structure for leasing, the applicable radio frequency,
structural requirements, and any existing FCC limitations and other
information as required in section 2.6.35.3.
Comparison of proposed site versus use of existing sites within
effective radius. The applicant will provide a map of the proposed
coverage area and a propagation study for the proposed
telecommunications tower and any existing or proposed towers and
structures within the effective radius, which may be used to facilitate
the applicant's antenna(s) and equipment, including the input data for
those maps for comparison of both proposed and existing towers, and
any other technical parameter used: analyses which include the type
of equipment to be used and the structural loading criteria used, and
which address alternative scenarios, such as using an existing tower or
placing a tower elsewhere versus using the proposed tower and site.
The above requirements may be waived by staff if the applicant
presents good cause proving why the respective requirement is not
applicable or such proof is irrelevant or superfluous to the specific
application.
A copy of each application for a tower in excess of-24}O 150 feet in height shall be
supplied by the applicant to the Collier Cc:m~' mz~quitz czn'.rz! d?&'~zt Mosquito
Control District or its successor in function.
foao ___j
SUBSECTION 3.G: AMENDMENTS TO SUBDIVISIONS DIVISION
Division 3.2. Subdivisions, of Ordinance 91-102, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
DIVISION 3.2 SUBDIVISIONS
Sec. 3.2.4. Execptions
3.2.4.11.5
Golden Gate Estates lot splits. When a five acre parcel in Golden Gate Estates is
subdivided into two lots. where one of the lots is not on the existing right-of-way,
the owner may create an access easement to and through the parcel which is not on
the right-of-way. The easement must be at least 20 feet in width, and extend at least
150 feet into the otherwise landlocked lot. The easement shall provide for access to
the lot, and satisfy the frontage requirement.
Sec. 3.2.6. Subdivision review procedures
3.2.6.5.3.3.
Completion certificate, record improvement plans and supportive documents.
The required improvements shall not be considered complete until a
statement of substantial completion by, the applicant's professional engineer
of record along with the final development records have been furnished to,
reviewed and approved by the development services director for compliance
with this division. The applicant's professional engineer of record shall also
furnish one set of record improvement plans on a mylar or similar acceptable
material, with a minimum of two mil thickness, and two sets of certified
prints acceptable to the development services director, showing the original
design in comparison to the actual finished work. The myalrs shall be labeled
..... ~ '" ..... ~- deleted, words underlined are added.
Words ............ e,-. are
58
Sec. 3.2.8.
3.2.8.3.6.
as record drawings on each sheet prior to printing of the required sets of
prints. The applicant's professional engineer shall also submit a computer
disk cont~ning the drawing file in auto CAD software format, or a similar
format, which is translatable to auto CAD and acceptable to the planning
services director. In addition, a copy of applicable measurements, tests and
repons made on the work and material during the progress of construction
must be furnished. The record construction data shall be certified by the
applicant's professional engineer and professional land surveyor and shall
include but not be limited to the following items which have been obtained
through surveys performed on the completed required improvements:
Improvement plans.
.......... ;~- -~ ..... ~' .... ~':~"~'~ ~" ~ :abmi,",e~ tc the
.... ; ..... .A ........ I ~..;A. + ..... '
........... vv .... v ........ : eleanng, gr-"-dmF, c: .filling cn+&: prcperv/.
di:';.sicn 3.9. Add!+.icn~ site al+.c:aticn may be ~rr,,;.*ed cr requk-cd +.c
approval by. ........ .,,
Payment cf the app!:.cable .... : .... c~ e~. ~;+~ .~ .... ;~. -,..
re;';, e;;r.
clearing, grading, fill':ng and re:'egctatlcn plan wk.h a
fj t;.fi Th I =.';. d filli "-~-'~: ...... :~:~"
............°*~+ ..... o us cation, e c e ~.g a.-i n~, ........ t- .........
cf th: fcllcwin~:
Words s..~'.:'zk '..hrc::~h are deleted, words underlined are added.
59
3.2.8.3.6.
negative !mpa:ts to the FuSF. c
Site =!:cr=:i=xz ::';thin hr;;' dc;'c!cFmc:::z for :;'hlch a z'-'bdi:'islcn
En:qror, ment~2 S:r.':.ces A'&n. inis*~ater, s'.'-bject to the 5:!o':: note.-4
25 acres. Site alt:rations requiting more thrm 25 acres t~ properly
A eke cleating p!mn shall 52 zubmixed for rcs'iow =d approval
cost estimate ag pr:v[c'~b' derailed ~n:lud[ng *&.e m~ntenmnce
rcduo:d upon compl¢fion of*~e approved revegeUtlon
~d upon occupation cf the site. A sspm-ate secmfi~' ~5!1 not be
.... ~ ............................................. , or ....... tho
foil"ne by *~: pP~2ng Ser.'[ces Director or his des~gno:, the
~: ........ of required: ............ [nc!u~ng revegetafion
mhd regrad~ng.
Clearing, grading and filling: Cleating of woody vegetation requires
a permit with the following exceptions:
Owners of lots with an existing single family home other than
in Golden Gate Estates may remove non-native and native
woody vegetation without permits unless specimen trees are
involved. A minimum number of required native trees shall
be maintained as required by section 2.4.6.1.
Words ::.--'ch :hr~,'--'gh arc deleted, words underlined are added.
60
Permitted removal ~f vegetation:
Subdivisions: Residential, commercial or industrial
subdivisions, upon approval of construction drawings for the
entir~ project or any given phase thereof, may clear tbr the
construction of the infrastructure within that phase. Road
rights-of-way, and drainage and utility easement areas may be
cleared.
Water management areas requiring excavation permits may
be cleared upon issuance of an excavation permit and a
required separate vegetation removal permit.
Individual single family lots or blocks of lots may not be
cleared unless a separate vegetation removal and site filling
permit (VRSFP) is obtained as required by section
3.2.8.3.6.b.3..
Site development plans (SDPs):
Commercial and industrial: Approval of a
commercial or industrial SDP or SIP includes
permission to clear tbr all infrastructure improvements
and for the building pad as shown on the approved
SDP.
Residential SDPs: Approval of a residential SDP
includes permission to clear for infrastructure only.
Clearing and filling of building sites is not permitted
unless a separate vegetation removal and site filling
permit (VRSFP) is obtained as required by section
3.2.8.3.6.b.3..
Vegetation removal and site filling permits (VPSFps):
A developer will be permitted to clear up to 25 acres of
residential, commemial, or industrial lots to store
excess fill generated by lake excavations within the
PUD or project where the excavation is taking place.
An approved SDP or an approved plat must exist for
the parcel on which the fill is to be stored.
The application to "clear and fill" in order to store
excess fill must be accompanied by a plan drawn on
the approved SDP or plat, showing the following:
The limits of each separate stockpile must be
clearly delineated and the area, hell, t, cross-
section, and volume of each individual
stockpile must appear on the drawing
referenced to the stockpile. Slopes must not be
steeper than a ratio of 4:1.
The type of vegetation to be removed must be
shown on the drawing.
3_). The source of the material, such as take number
(lake #) for each stock-pile must be indicated
on the drawing.
Words ..... tm:g:, are deleted, words underlined are added.
61
Clearing to store excess fill will be permitted in
maximum blocks of 25 acres at a time. When a
25 acres block is nearing capacity, permission
to excavate additional 25 acre blocks may be
applied for.
To allow for safety during tree removal, ifa developer
owns contiguous single family lots, the trees on the
single family lots directly adiacent to a lot where a
house is under construction may be removed, if
removal at a future date may be a danger to life or
property. A VRSFP must be granted prior to removal
of these trees.
Revegetation: For VRSFPs within subdivisions, a
revegetation bond in the form of a performance bond,
letter of credit, or cash bond and in the amount of
$5.000.00 per acre must be posted.
When fill is used to bring building lots to desired
construction elevations, those lots shall immediately be
seeded, to prevent erosion and exotic seed infestation.
Any stockpile in place for more than 6 months must
be sodded or hydroseeded. Failure to do so within 14
calendar days of notification by the county will result
in a fine of $10.00 per acre, per day.
In the event that any portion of the stockpile is in place
for two years, the county will order the fill to be
removed and the land to be revegetated.
The density and type of revegetation shall closely
match nearby ecosystems, but shall not be less than 64
trees per acre and associated mid-story and
groundcover.
SUBSECTION 3.H: AMENDMENTS TO EXPLOSIVES DIVISION
Division 3.4., Explosives, of Ordinance 91-102, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
DIVISION 3.4. EXPLOSIVES
Sec. 3.4.7. Permit application review procedures.
3.4.7.1.4. Pre-blast notification:
I. The applicant shall nzt:.fy provide written notification to
residents who have not received a pre-blast inspection of the
pending blast at least .~vz te.._o.n days prior to the commencement
of the initial blast. The notification brochure shall be mailed
or placed on the front door of each individual residence within
the notification radius. A list of the property owners who were
notified shall be furnished to the county.
Words :~-:k '2::eag.h are deleted, words underlined are added.
62
Sec. 3.4.9.
3.4.9.4.3.
3.4.9.4.4.
Notification shall be distributed to all properties containing
structures within a radius calculated for a scaled distance of
150 feet, plus an additional 50%.
The written notification shall describe the blasting which will
take place, its effect on the residents, their ability to obtain a
pre-blast survey and how to contact the user or his or her
representative with any blast related complaints or claims.
Property owners shall be given a five-day window to respond
to the availability and their desire to obtain a pre-blast survey.
If blasting is suspended in an area for a period of 90 days or longer,
re-notification of all residents within the radius calculated for a
scaled distance of 150 feet plus an additional 50% shall be
accomplished at lest seven days prior to the re-commencement of
blasting.
Limitations and conditions.
The results from the seismic instrument shall be provided to and analyzed by
a seismologist who shall sign the results of his analysis. The seismologist
shall be an individual or firm specializing in the measurement and evaluation
of short-term air and ground vibrations produced through detonation of
explosives. The seismologist shall have experience in instrumentation,
explosives, and the effects of vibration upon structures and a minimum of 5
years experience supervising and/or monitoring the use of explosives.
All original records of the seismic analysis will be the property of the user but a
copy of the seismic results and/or analysis shall be furnished to the ~c:'z!e. pment
se:'.':.ces ~:.rccte. r community development and environmental services
administrator, or his designee, with full and complete and supporting data at
.......... ~ .......... ~r ~:p~n '~emm~d within 7 days from the date of the actual blast.
SUBSECTION 3.1: AMENDMENTS TO VEGETATION,
PRESERVATION DIVISION
REMOVAL AND
Division 3.9., Vegetation, Removal and Preservation, of Ordinance 91-102, as amended.
the Collier County Land Development Code, is hereby amended to read as follows:
DIVISION 3.9. VEGETATION REMOVAL, PROTECTION AND PRESERVATION
Sec. 3.9.3. Applicability: unlawful to remove or otherwise destroy vegetation.
It shall be unlawful for any individual, firm. association, joint venture.
partnership, estate, trust, syndicate, fiduciary, corporation, group or unit of
federal, state, county or municipal government to remove, er ca-se te be
r:mc.;'ed or otherwise destroy, vegetation, which includes placing of
additional fill, without first obtaining a vegetation removal or vegetation
removal and fill permit from the development services director except as
hereinafter exempted.
Sec. 3.9.6. Review procedures.
A vegetation removal fee is not required to remove the following
prohibited exotic vegetation from developed property or from
undeveloped property after a vegetation removal permit has been
issued.
Words ::r.--'gk :~re::g.h are deleted, words underlined are added.
63
(1) Australian pine (Casuarina spp.).
(2) Melaleuca (Melaleuca spp.).
(3) Brazilian pepper (Schinus terebinthifolius).
(4) Earleaf acacia (Acacia auriculiformis).
(5) Catclaw mimose (Minosa pigra).
(6) Java plum (Syzygium cumini).
(7) Downy rosemyrtle (Rhodomyrtus tomentosus).
(8) Women's tongue (Albizia lebbeck).
(9) Climbing fern (Lygodium spp.).
(10) Air potato (Dioscorea bulbifera).
(11 ) Lather leaf (Colubrina asiatica).
SUBSECTION 3.J: AMENDMENTS TO DEFINITIONS DIVISION
Division 6.3., Definitions, .of Ordinance 91-102, as amended, the Collier County
Land Development Code. is hereby amended to read as follows:
DIVISION 6.3 DEFINITIONS
Beacon light: Any light with one or more beams capable of being directed in
any direction or directions, or capable of being revolved automatically, or
having any part thereof revolve automatically, or a fixed or flashing high
intensity light; search light.
v~,; ......... ;~ Prohibited exotic vegetation: The entire plant, or any part
thereof, including seeds, of the following:
Earleaf acacia (Acacia auriculiformis).
Australian pine (Casuarina spp.).
Melaleuca (Melaleuca spp.).
Catclaw mimose (Minosa pigra).
Downy rosemyrtle (Rhodomyrtus tomentosa).
Brazilian pepper (Schinus terebinthifolius).
Java plum (Syzygium cumini).
Women's tongue (Albizia tebbeck).
Climbing fern (Lygodium spp.).
Air potato (Dioscorea bulbifera).
Lather leaf (Colubrina asiatica).
Riparian line: An imaginary line beginning at the point at which property
lines intersect the mean high water line ora waterway and continuin¢ into the
waterway indefinitely. The purpose of the riparian line, as employed by this
code, is to provide a point of reference from which to measure setbacks for
docking facilities.
Roadside sales: The sale or display of perishable or nonperishable
merchandise for sale from any fixed or nonfixed location, upon unimproved
or improved property.- , without a valid occupational license and. when
applicable, temporary use permit.
Words .......... g~,.. are deleted, words underlined are added.
64
Sign. monument: A detached sign typically containing design elements su. ch
as a base, columns, borders, toppers or caps, and a sign cabinet occupying at
least two-thirds t2/3s) of the total sign area.
SUBSECTION 3.K: AMENDMENTS TO APPENDICES SECTION
Appendix B, Typical Street Sections, is hereby amended by replacing the existing typical
roadway section iljustrations with revised typical roadway section iljustrations attached hereto and
incorporated herein by reference as Exhibit "B".
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance of Collier County and other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid
or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not affect the validity of the remaining portion.
SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE
The provisions of this Ordinance shall become and be made a part of the Land Development Code
of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish
such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word.
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this __ day of ,2000.
BOARD OF COUNTY COMMISSIONERS
COLLIER COLrNTY, FLORIDA
BY:
ATTEST: , CHAIRWOMAN
DWIGHT E. BROCK, CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
MARJORIE M. STUDENT
ASSISTANT COUNTY ATTORNEY
LDC CYCLE 2-1999 ORD[N ANCE/rnd/f:
Words ........... ~.. are deleted, words underlined are added.
65